[Senate Report 111-363]
[From the U.S. Government Publishing Office]
111th Congress
2d Session SENATE Report
111-363
_______________________________________________________________________
Calendar No. 687
AMERICA COMPETES REAUTHORIZATION ACT OF 2010
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3605
December 10, 2010.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 687
111th Congress Report
SENATE
2d Session 111-363
======================================================================
AMERICA COMPETES REAUTHORIZATION ACT OF 2010
_______
December 10, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 3605]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3605) to invest in innovation
through research and development, to improve the
competitiveness of the United States, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of the America COMPETES Reauthorization Act of
2010 is to increase American competitiveness through
investments in research and development, strengthen science,
technology, engineering, and mathematics education, and develop
research infrastructure.
Background and Needs
The America COMPETES (Creating Opportunities to Meaningfully
Promote Excellence In Technology, Education, and Science) Act
of 2007 (P.L. 110-69) was a response to concerns that the
nation's ability to compete in the global economy would be
hindered by, among other things, an insufficient investment in
research and development (R&D) and science, technology,
engineering, and mathematics (STEM) education. These concerns,
and specific recommendations to address them, were detailed in
a 2005 National Academies' study that produced the report,
Rising Above the Gathering Storm: Energizing and Employing
America for a Brighter Economic Future. The report was authored
by a nonpartisan committee of business leaders, university
presidents, and prominent scholars, and suggested actions in
four broad areas: K-12 science and math education; science and
engineering higher education; science and engineering research;
and incentives for innovation. The America COMPETES Act also
addressed concerns detailed in President Bush's American
Competitiveness Initiative, a plan to strengthen American
science education and basic research, improve our technological
enterprise, and create a sufficient high-technology workforce.
The America COMPETES Act focused on increasing funding for
R&D and improving STEM education to prepare an adequate science
and engineering workforce. The Act authorized funding increases
for the National Science Foundation (NSF), National Institute
of Standards and Technology (NIST), and Department of Energy
(DOE) Office of Science from FY 2008 through FY 2010 at a rate
that, if sustained, would double these budgets over seven
years. In addition, the Act established several new programs,
including early career and new investigator grants for
researchers; a new Advanced Research Projects Agency-Energy in
DOE to sponsor transformational energy technology research
projects; and scholarships to recruit new K-12 STEM teachers to
simultaneously earn STEM degrees and gain teacher
certification.
Unless the nation makes significant improvements in STEM
education and basic research, the troubling trends identified
in Rising Above the Gathering Storm will be difficult to
reverse. Norm Augustine, chair of the Rising Above the
Gathering Storm committee (``Gathering Storm committee''),
published a follow-up essay in 2007 to revisit the proposals
laid out in the original report. The essay, ``Is America
Falling Off the Flat Earth?'' and a subsequent National
Academies report, ``Rising Above the Gathering Storm: Two Years
Later,'' both argue that urgent action is still needed to
guarantee American prosperity in the face of increasing global
competition, especially in the areas of K-12 science and math
education and funding for basic research. The reports called
for the President and Congress to fully fund the education and
basic research programs authorized in the America COMPETES Act;
however, appropriated levels never met the authorized levels in
the original Act.
Most recently, the members of the Gathering Storm committee
released a new report--Rising Above the Gathering Storm,
Revisited: Rapidly Approaching Category 5--to provide an update
of progress since the original 2005 report. They found that,
while significant progress has been made over the past five
years, the overall outlook for our nation in STEM education,
competitiveness, and high quality job creation has worsened.
The report states that improving America's global competitive
position is a long term goal that will take years to decades to
accomplish. A recent review of the America COMPETES Act by the
U.S. Government Accountability Office (GAO) agreed ``it is too
early to evaluate programs long-term effectiveness.'' Other
factors cited in the updated report for the continued
competitiveness decline include both the economic downturn and
aggressive R&D investments made by other countries.
Current recommendations of the Gathering Storm committee echo
the committee's initial findings: improve STEM education and
double the Federal investment in basic research. Programs
authorized in the original America COMPETES Act have only
recently been initiated, and much of the necessary funding was
provided by the American Recovery and Reinvestment Act (P.L.
111-5). To build on and sustain the initial effort, the
Gathering Storm committee calls for the America COMPETES Act to
be reauthorized, and to institutionalize the funding and
oversight of the Gathering Storm recommendations.
The reported bill would focus on three primary areas of
importance to improving American innovation and
competitiveness: (1) increase science and research investments,
(2) strengthen STEM education, and (3) develop research
infrastructure.
Summary of Provisions
The bill would provide an authorization of appropriations for
NSF and NIST for fiscal years 2011 through 2013. The
legislation would build upon the activities initiated in the
America COMPETES Act of 2007 by continuing to increase
investments in basic science and research. It would also
support programs aimed at assisting American manufacturers,
such as the Hollings Manufacturing Extension Partnership and
the Technology Innovation Program, and would create a loan
guarantee program, the goal of which is to support innovation
in manufacturing. It would also encourage the agencies to
transfer their technological advances to the private sector,
and where appropriate, to leverage research and education
investments into competitive gains.
The bill would augment the nation's pipeline of STEM
professionals by strengthening educational opportunities in
STEM at all levels. The bill would direct the Office of Science
and Technology Policy (OSTP) to coordinate STEM education
across the Federal government with the goal of reinforcing
programs that demonstrate effectiveness. It would also support
research and internship opportunities for high school and
undergraduate students, increase the number of graduate
fellowships supported by NSF, and reinforce a role for the
National Aeronautics and Space Administration (NASA) and the
National Oceanic and Atmospheric Administration (NOAA) to
inspire and educate the future STEM workforce.
The bill would create an Office of Innovation and
Entrepreneurship to try to foster innovation and the
commercialization of new technologies, products, processes, and
services. It would also require the development of a national
innovation and competitiveness strategy to augment the efforts
of Federal, State, and local governments, institutions of
higher education, and the private sector. The bill would also
support the development of regional innovation strategies,
including regional innovation clusters and research parks.
Legislative History
On April 22, 2010, Representative Bart Gordon introduced H.R.
5116, the America COMPETES Reauthorization Act of 2010, which
was ordered to be reported as amended from the House Committee
on Science and Technology on April 28, 2010. The bill was
considered on the House floor on May 12 and 13, 2010, and the
House voted to recommit the bill to the Committee on Science
and Technology with instructions.
On May 18, 2010, Representative Gordon reintroduced an
amended bill as H.R. 5325 and it was considered under
suspension of the rules on May 19, 2010, but failed to receive
the necessary two-thirds vote (261-148).
H.R. 5116 was again considered on the House floor on May 28,
2010, and passed on a recorded vote of 262-150. Upon receipt by
the Senate, the bill was referred to the Senate Committee on
Commerce, Science, and Transportation.
The Committee held three hearings to consider elements of the
reauthorization of the America COMPETES Act. The first hearing
was held on March 10, 2010, to consider the reauthorization in
the context of the President's FY 2011 R&D budget proposal. The
Committee heard testimony from the heads of several government
agencies, including the Director of the OSTP, the Director of
NSF, the Director of NIST, and the Chief Technologist at NASA.
The second hearing was held on May 6, 2010, and examined how
STEM education should be applied to develop a science and
engineering workforce and drive technological innovation and
economic growth. The Committee heard testimony from experts
working in STEM areas outside the Federal government. The third
hearing was held on June 22, 2010, and considered the Federal
government's role in fostering innovation throughout the
economy.
Chairman Rockefeller introduced S. 3605, the America COMPETES
Reauthorization Act of 2010, on July 15, 2010. The legislation
was referred to the Committee on Commerce, Science, and
Transportation. On July 26, 2010, the Committee met in open
executive session and, by a unanimous voice vote, ordered S.
3605 reported favorably with an amendment in the nature of a
substitute.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill would authorize appropriations for NSF and NIST for
FY 2011 through FY 2013 and establish new loan guarantee
programs and a grant program at the Department of Commerce
(DOC) for various innovative technologies and programs. The
bill would provide Federal agencies with the authority to award
prizes competitively to stimulate innovation that has the
potential to advance the mission of the respective agency. Any
participating individual or entity would be subject to any
rules promulgated by the head of the agency conducting the
competition. The interagency committee that would be
established by section 102 of the bill is tasked with
identifying and reducing regulatory barriers that inhibit U.S.
manufacturing.
ECONOMIC IMPACT
S. 3605 is not expected to have an adverse impact on the
nation's economy.
PRIVACY
The bill would have little, if any, impact on the personal
privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in the
paperwork burdens for individuals or businesses; however, there
would be application and reporting requirements for entities
participating in the grant and loan programs established by the
bill. There would also be a number of reports required of OSTP,
GAO, NSF, and DOC.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
Section-by-Section Analysis
Section 1. Short title; table of contents
This section would title the Act as the ``America COMPETES
Reauthorization Act of 2010.'' This section would also provide
a Table of Contents for the legislation.
Section 2. Definitions
Section 2 would define the term Director in titles I and V,
and the term STEM.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Section 101. Coordination of Federal STEM Education
This section would require the Director of the OSTP to
establish a committee under the National Science and Technology
Council (NSTC) that has responsibility for coordinating Federal
programs and activities in support of STEM education. This
section would direct the newly established committee to develop
a STEM education strategic plan, and update and submit the plan
to Congress every five years. This section would also require
the committee to establish, periodically update, and maintain
an inventory of federally sponsored STEM education programs and
activities, including documentation of assessments of the
effectiveness of such programs and activities and rates of
participation by women, underrepresented minorities, and
persons in rural areas. This section would require the Director
to report annually to Congress on the STEM education strategic
plan.
Section 102. Coordination of advanced manufacturing research and
development
This section would require the Director of OSTP to designate
a committee under the NSTC to establish goals and coordinate
Federal programs and activities in advanced manufacturing R&D.
The committee should facilitate the implementation and
commercialization of advances in manufacturing developed
through university research. The committee would report a
strategic plan to Congress within 1 year after enactment, and
update the plan every 5 years.
Section 103. Interagency public access committee
This section would require the Director of OSTP to establish
a working group under the NSTC to coordinate Federal science
agency research and policies related to the dissemination and
long-term stewardship of the results of federally supported
unclassified research, including digital data and peer-reviewed
scholarly publications. This work shall build upon current OSTP
efforts in this area. The working group would be directed to
take into consideration input from non-Federal stakeholders to
maximize the benefit of federally supported research.
The National Technical Information Service (NTIS) maintains a
permanent repository of unclassified technical reports from
Federal agencies (15 USC 3704b-2). The Committee recognizes
that in an electronic world, virtually every Federal office has
its own web site and communicates directly with the public. At
the same time, the Committee is concerned that valuable
scientific and technical information may be lost if it is not
systematically provided to organizations charged with the long-
term management of information, such as NTIS. Accordingly, the
Committee urges the working group to explore agency practices
with respect to their legal obligations to cooperate with
agencies such as NTIS and the National Archives and Records
Administration.
Section 104. Federal scientific collections
This section would require the OSTP, in consultation with
relevant Federal agencies and non-Federal stakeholders, to
develop policies for the management and use of Federal
scientific collections, including policies for the disposal of
collections, and to create an online clearinghouse for
information on the contents of and access to Federal scientific
collections.
Section 105. Prize competitions
This section would implement the recommendations of the
National Academy of Sciences' 2007 report on Innovation
Inducement Prizes by amending the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to authorize
Federal agencies to conduct prize competitions to stimulate
innovation that advances the mission of a Federal agency.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Section 201. NASA's contribution to innovation and competitiveness
This section would affirm the sense of Congress that NASA's
focus on technology development enhances mission capabilities
while encouraging the transfer of technology into the private
sector.
Section 202. NASA's contribution to education
This section would provide the sense of Congress that NASA is
uniquely positioned to inspire and educate students in STEM.
This section would direct NASA to develop educational programs,
including augmenting research based programs to increase
student participation in STEM, increasing curriculum resources
for use in STEM education, and creating professional
development programs to engage STEM educators and further
NASA's mission. The Committee notes that NASA should utilize
all available resources to achieve the education program goals
outlined in this section through such programs as the
Experimental Program to Stimulate Competitive Research, the
Minority University Research and Education Program, and the
National Space Grant College and Fellowship Program, and seek
additional resources to expand relevant activities in future
requests for budget authority and appropriations.
Section 203. International Space Station's contribution to national
competitiveness enhancement
This section would require NASA to evaluate and potentially
expand its interagency contributions to STEM education and the
Nation's innovation and competitiveness. The Administrator
would be required to report to Congress within 120 days after
enactment on International Space Station (ISS) activities that
contribute to STEM education and enhance innovation and
competitiveness, including the identification of any additional
authorities or resources necessary to maximize ISS utilization
to advance American technological excellence.
Section 204. Definitions
This section would define two terms used in this title.
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Section 301. Oceanic and atmospheric research and development program
This section would direct NOAA to contribute to ocean and
atmospheric science innovation and competitiveness and would
require NOAA to provide a report to Congress within 12 months
with a strategy for enhancing transformational research. This
section would also convey authorities to NOAA that would
facilitate participation in partnerships and agreements.
Section 302. Oceanic and atmospheric science education programs
This section would define the goal of NOAA's education
programs by amending Section 4002 of the America COMPETES Act
(33 U.S.C. 893a). NOAA's principal competitive environmental
education grant programs are the Bay Watershed Education and
Training (B-WET) Program and the Environmental Literacy Grants
program. The Committee notes that the B-WET Program was cited
specifically by the National Research Council as a ``model''
program and noted for its rigorous program-wide assessment of
performance and impact among students and teachers.
Section 303. Workforce study
This section would require a National Academy of Sciences
report on the scientific workforce in the areas of oceanic and
atmospheric R&D to be transmitted to Congress within 18 months.
TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Section 401. Short title
This section would allow this title to be cited as the
``National Institute of Standards and Technology Authorization
Act of 2010.''
Section 402. Authorization of appropriations
This section would authorize appropriations for NIST for FY
2011, 2012, and 2013.
Section 403. Under Secretary of Commerce for Standards and Technology
This section would create the position of the Under Secretary
of Commerce for Standards and Technology by amending Section 4
of the National Institute of Standards and Technology Act. The
current Director of NIST would become the Under Secretary until
a successor is appointed.
Section 404. Manufacturing Extension Partnership
This section would instruct Regional Centers for the Transfer
of Manufacturing Technology to provide community colleges with
information about job skills needed in manufacturing, create an
Innovative Services Initiative, the goal of which is to assist
manufacturers in reducing energy usage and waste, and
accelerate commercialization of new technologies after market
demand analysis. This section would require the Comptroller
General to submit to Congress a report within 90 days of
enactment regarding the cost share structures in place and the
effect of the cost share structures on individual Centers and
the overall program. After such report is submitted, the
Secretary is directed to alter the cost structure provided that
such changes are consistent with the report. The cost share may
not be increased above existing requirements.
Section 405. Emergency communication and tracking technologies research
initiative
This section would establish a research initiative to support
the development of emergency communication and tracking
technologies for use in locating trapped individuals in
confined spaces, such as underground mines and other shielded
environments, and would require the Director to report to
Congress within 18 months on recommendations for improvement
and research priorities.
Section 406. Broadening participation
This section would amend Section 18 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-1) to instruct
the Director to consider the goal of promoting the
participation of underrepresented minorities in research
fellowships and post-doctoral fellowships, and would instruct
the Director to give special consideration for teacher
development to teachers from high-need schools. The Departments
and Agencies under the Act should give consideration to
partnering with nonprofit organizations that administer
graduate fellowships with an emphasis on women and
underrepresented minorities.
Section 407. NIST fellowships
This section would amend Section 19 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g) to allow NIST
to conduct post-doctoral programs with entities other than the
National Academy of Sciences, remove the cap for funds used for
research fellowships, and eliminate the Commerce, Science, and
Technology Fellowship Program.
Section 408. Green manufacturing and construction
This section would establish a green manufacturing and
construction initiative to promote sustainability in
manufacturing and improve energy performance, service life, and
air quality in buildings.
Section 409. Definitions
This section would define two terms used in this title.
TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT
PROGRAMS
SUBTITLE A--NATIONAL SCIENCE FOUNDATION
Section 501. Short title
This section would allow this title to be cited as the
``National Science Foundation Authorization Act of 2010.''
Section 502. Definitions
This section would define four terms used in this subtitle.
Section 503. Authorization of appropriations
This section would authorize appropriations for the National
Science Foundation for FY 2011, 2012, and 2013.
Section 504. National Science Board administrative amendments
This section would eliminate the cap on the number of
professional staff for the National Science Board, change the
due date of the Board's biennial Science and Engineering
Indicators report, modify the scope of reports the Board may
submit to the President and Congress, and clarify audit
requirements for Board adherence to the Sunshine Act.
Section 505. National Center for Science and Engineering statistics
This section would establish the Foundation's Division of
Science Resource Statistics as the National Center for Science
and Engineering Statistics and codify its function as the
central Federal clearinghouse for objective data on the
scientific and engineering enterprise and the state of STEM
education.
Section 506. National Science Foundation manufacturing research and
education
This section would establish a grant program intended to
support transformative advances in manufacturing technologies
and to strengthen scientific and technical education in
advanced manufacturing.
Section 507. National Science Board report on mid-scale instrumentation
This section would require the Board to evaluate the need for
mid-scale research instrumentation (instrumentation that falls
between the Major Research Instrumentation program and the
Major Research Equipment and Facilities Construction program),
and provide recommendations regarding how the Foundation can
best address those needs.
Section 508. Partnerships for innovation
This section would require the Director of NSF to carry out a
program in support of partnerships between IHEs and private
sector entities to promote innovation and is intended to
increase the economic and social impact of the research. The
Director would be required to give priority to partnerships
that involve one of the top 100 research institutions and
either a minority-serving institution, a primarily
undergraduate institution, or a community college.
Section 509. Sustainable chemistry basic research
This section would establish a Green Chemistry Basic Research
grant program to support sustainable chemistry research.
Section 510. Graduate student support
This section would require the Director to increase or
decrease funding for the Integrative Graduate Education and
Research Traineeship (IGERT) program at the same rate as the
Graduate Research Fellowship (GRF) program, require that at
least half of the total funds for IGERT and GRF come from the
Research and Related Activities account, and require the
Director to increase the current cost of education allowance
for awards made through the GRF program by $1,500.
The Committee is concerned that the IGERT program has been
flat-funded for the past two years. The IGERT program has
funded trainees at over 100 universities in 41 states, plus the
District of Columbia and Puerto Rico, since the program was
initiatied in 1998. Given its innovative approach to graduate
research and education and the broad geographic distribution of
awards, including the Experimental Program to Stimulate
Competitive Research (EPSCoR) jurisdictions, the Committee
would like to see its funding increase at least at the same
rate as any increase for the GRF program, but not exceed the
rate of any necessary funding decrease for the GRF program.
Section 511. Robert Noyce teacher scholarship program
This section would amend Section 10A(h)(1) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1a(h)(1)) to remove the requirement that the service obligation
of scholarship recipients be performed in a high-need local
education agency, and instead provide a 1 year reduction of the
service obligation for scholarship recipients who choose to
perform their service in a high-need local education agency.
This section would require the Director to maintain a
clearinghouse of information on teaching opportunities
available in high-need local education agencies and lower the
required amount of institutional matching for Noyce grants
under Section 10A (master teachers and STEM professionals) from
50 to 30 percent.
Section 512. Undergraduate broadening participation program
This section would direct the NSF to continue to support the
Historically Black Colleges and Universities Undergraduate
Program, the Louis Stokes Alliances for Minority Participation
program, and the Tribal Colleges and Universities Program as
separate programs.
Section 513. Research experiences for high school students
This section would allow specialized STEM high schools
conducting research to participate in major data collection
initiatives, when included as part of an NSF research proposal.
Section 514. Research experiences for undergraduates
This section would require the Director to award grants to
IHEs, nonprofit organizations, or consortia of such
institutions and organizations, for sites designated to provide
research experiences for 10 or more undergraduate STEM
students. This section would require that research grant
recipients planning to include undergraduate students request
support for the students as part of the research proposal
itself rather than as a supplement to the research proposal.
Section 515. STEM industry internship programs
This section would authorize the Director to award grants to
IHEs to establish partnerships with local and regional private
sector entities for the purpose of helping undergraduate
students connect internship experiences with STEM coursework.
Section 516. Cyber-enabled learning for national challenges
This section would require the Director to identify ways to
use cyber-enabled learning to improve the STEM workforce.
Section 517. Experimental Program to Stimulate Competitive Research
This section would encourage geographical distribution of NSF
research funding by requiring that funding for the EPSCoR
increase as NSF funding increases. The Director would submit an
annual report to Congress detailing the activities and progress
of the program. NSF would chair the EPSCoR Interagency
Coordinating Committee, which would coordinate EPSCoR and
Federal EPSCoR-like programs to increase research
infrastructure in EPSCoR states. The committee would meet at
least two times per year and submit an annual report to
Congress. The section would require a National Academies study
to measure the effectiveness of these programs in developing
infrastructure for education and research in EPSCoR states and
provide recommendations to improve the programs.
Section 518. Sense of the Senate regarding the Science, Technology,
Engineering, and Mathematics Talent Expansion Program
This section would express the sense of the Senate that the
Science, Technology, Engineering, and Mathematics Talent
Expansion Program effectively increases STEM degrees by
providing mentoring and tutoring and should continue to be
supported.
Section 519. Sense of the Senate regarding the National Science
Foundation's contributions to basic research and education
This section would express the sense of the Senate that the
NSF is a vital agency to support American science, technology,
engineering, and mathematics basic research and education.
Section 520. Grantee reports on commercialization strategy and results
This section would require all IHEs that receive NSF grants
to submit an annual report detailing their commercialization
strategy and results for NSF-funded research. The NSF would
post the reports on a public website.
Section 521. Study to develop improved impact-on-society metrics
This section would require the Director to contract with the
National Academy of Sciences to initiate a study that details
metrics for measuring the potential impact on society of NSF-
funded research, including commercialization of Federally-
funded research. Within 1 year after initiation of the study,
the Director would be required to submit to Congress a report
setting forth the Director's findings, conclusions, and
recommendations.
Section 522. NSF grants in support of sponsored post-doctoral
fellowship programs
This section would require the Director to provide grants to
IHEs in support of post-graduate research with potential
commercial applications, matching to some degree any private
sector grant given in support of such research.
Section 523. Collaboration in planning for stewardship of large-scale
facilities
This section would affirm the sense of Congress regarding the
need for collaboration between Federal agencies, especially NSF
and DOE, when planning the construction of large-scale research
facilities.
Section 524. Cloud computing research enhancement
This section would allow the Director to support national
research in areas affected by the use of cloud computing. This
section would also require the Director to begin a review of
cloud computing research challenges within 60 days of
enactment, allowing for unsolicited proposals. This section
would then require the Director to provide an annual report to
Congress and the public at large through the NSF website with
recommendations for cloud computing research for no less than
five consecutive years. This section would also require the
Director to collaborate with NIST and industry in the
development of cloud computing standards.
Section 525. Tribal colleges and universities program
This section would require the Director to continue support
for a program to award merit-based grants to improve
undergraduate STEM education at tribal colleges and
universities.
SUBTITLE B--STEM-TRAINING GRANT PROGRAM
Section 551. Purpose
This section would set out the purpose of the STEM-training
grant program.
Section 552. Program requirements
This section would require the Director of NSF to replicate
and implement undergraduate programs designed to increase the
number of elementary and secondary teachers with baccalaureate
degrees in STEM and concurrent teacher certification. The
Director would be directed to collaborate with relevant
education departments to establish such programs, require
field-based courses by partnering with local secondary and
elementary schools, maintain a student to teacher ratio no
greater than 100 to 1, include scientifically-based instruction
methods, limit STEM teaching courses to those participating in
such programs, and require a final evaluation of teaching
proficiency at the end of such programs.
Section 553. Grant program
This section would require the Director to establish and set
certain standards for a grant program to support the
implementation of programs described in Section 552, including
requiring participating universities to provide matching funds
from non-Federal sources, and direct the Director to take such
steps as necessary to ensure grants are equitably distributed
across all regions of the United States.
Section 554. Grant oversight and administration
This section would allow the Director to execute a contract
with a qualified organization, such as the National Math and
Science Initiative, for oversight and fiscal management of the
grant program described in Section 552. If such a contract were
executed, the contractor would be required to submit an annual
report to the Director regarding the efficacy of the grant
program. Such a report would then be required to be submitted
annually to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Health, Education,
Labor, and Pensions, the House of Representatives Committee on
Science and Technology, and the House of Representatives
Committee on Education and Labor.
Section 555. Definitions
This section would define five terms used in this subtitle.
Section 556. Authorization of appropriations
This section would authorize appropriations for the Director
to carry out this subtitle for FYs 2011, 2012, and 2013.
TITLE VI--INNOVATION
Section 601. Office of Innovation and Entrepreneurship
This section would require the Secretary of Commerce to
establish an Office of Innovation and Entrepreneurship to
foster innovation and the commercialization of new
technologies, products, processes, and services, and specify
the duties to be carried out by the Office.
Section 602. Federal loan guarantees for innovative technologies in
manufacturing
This section would amend the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to require the
Secretary of Commerce to establish a program to provide loan
guarantees to small- and medium-sized manufacturers and define
eligible projects as those that reequip, expand, or establish
manufacturing facilities in the United States to use an
innovative technology or an innovative process in
manufacturing, or to manufacture an innovative technology
product or an integral component of such product. The loan
guarantee would be limited to an amount equal to 80 percent of
the loan, with specific limitations set on the authority to
make loan guarantees and the Secretary acting to ensure that
activities carried out under the program are coordinated with,
and do not duplicate the efforts of, other loan guarantee
programs within the Federal Government.
Section 603. Regional innovation program
This section would further amend the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to
establish a regional innovation program to encourage and
support the development of regional innovation strategies,
including regional innovation clusters; authorize the Secretary
to award regional innovation cluster grants that require a 50
percent matching requirements for grant recipients; establish a
regional innovation research and information program to
determine and distribute best practices and metrics to assess
performance; and require a National Academies report within 4
years that evaluates the program and provides a recommendation
regarding whether the program should be continued.
Section 604. Study on economic competitiveness and innovative capacity
of United States and development of national economic
competitiveness strategy
This section would require the Secretary of Commerce to
complete a comprehensive study of the economic competitiveness
and innovative capacity of the United States within 1 year
after enactment of this Act. The Secretary would be required to
conduct the study in consultation with the National Economic
Council of the Office of Policy Development, other appropriate
Federal agencies, and the Innovation Advisory Board, which
would also be established by this section. Within 1 year of the
completion of the study, the Secretary would be required to
develop a national 10-year strategy to strengthen the
innovation and competitive capacity of the United States,
complete with recommended legislation, Federal agency
implementation, annual goals and milestones, and a plan for
monitoring progress. The Secretary would then be required to
submit the strategy upon completion as a report to Congress and
the President.
Section 605. Promoting use of high-end computing simulation and
modeling by small- and medium-sized manufacturers
This section would affirm the sense of Congress regarding the
benefits of high-end computing simulation and modeling in
improving advanced manufacturing technologies at large-scale
and Federal research entities and the need to deploy such
modeling to small- and medium-sized manufacturers. This section
would then require the Secretary of Commerce, in consultation
with the Secretary of Energy and the Director of the Office of
Science and Technology Policy, to carry out a study of the
barriers to the use of high-end computing modeling by small-
and medium-sized manufacturers in the United States. This
section would also require the submission of a report to
Congress within 270 days after the commencement of the study,
with recommendations for legislative or administrative action.
This section would also authorize any demonstration or pilot
programs deemed necessary for the completion of the study.
TITLE VII--NIST GREEN JOBS
Section 701. Short title
This section would allow this title to be cited as the ``NIST
Grants for Energy Efficiency, New Job Opportunities, and
Business Solutions Act of 2010,'' or the ``NIST GREEN JOBS Act
of 2010.''
Section 702. Findings
This section would define a finding of the Congress regarding
the value of the Hollings Manufacturing Extension Partnership
Program throughout the United States and the need to broaden
NIST's competitiveness grant program to maximize energy savings
from advanced factory-built building materials.
Section 703. National Institute of Standards and Technology competitive
grant program
This section would amend Section 25(f)(3) of the National
Institute of Standards and Technology Act (15 U.S.C.
278k(f)(3)).
TITLE VIII--GENERAL PROVISIONS
Section 801. Government Accountability Office review
This section would require a GAO study detailing the funding,
implementation, and effectiveness of the programs authorized
under this Act to be transmitted to Congress by May 31, 2013.
Section 802. Salary restrictions
This section would restrict funds authorized in this Act from
being used to pay the salary of any individual who is convicted
of possession with the intent to sell obscene matter on Federal
property or the use of Federal computers for child pornography
or the exploitation of minors.
Section 803. Additional research authorities of the FCC
This section would amend Title I of the Communications Act of
1934 (47 U.S.C. 151 et seq.) to allow additional R&D work at
the Federal Communications Commission.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART D. PAY AND ALLOWANCES
CHAPTER 53. PAY RATES AND SYSTEMS
SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Under Secretary of Commerce for Oceans and Atmosphere, the
incumbent of which also serves as Administrator of the National
Oceanic and Atmospheric Administration.
Under Secretary of Commerce for Standards and Technology, who
also serves as Director of the National Institute of Standards
and Technology.
Associate Attorney General.
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
[Director, National Institute of Standards and Technology,
Department of Commerce.]
* * * * * * *
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT
SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.
(a) Establishment.--There shall be in the Department of
Commerce an Under Secretary of Commerce for Standards and
Technology (in this section referred to as the ``Under
Secretary'').
(b) Appointment.--The Under Secretary shall be appointed by
the President by and with the advice and consent of the Senate.
(c) Compensation.--The Under Secretary shall be compensated
at the rate in effect for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(d) Duties.--The Under Secretary shall serve as the Director
of the Institute and shall perform such duties as required of
the Director by the Secretary under this Act or by law.
(e) Applicability.--The individual serving as the Director of
the Institute on the date of enactment of the National
Institute of Standards and Technology Authorization Act of 2010
shall also serve as the Under Secretary until such time as a
successor is appointed under subsection (b).
SEC. 5. DIRECTOR; POWERS AND DUTIES; REPORT; COMPENSATION.
[15 U.S.C. 274]
[The Director shall be appointed by the President, by and
with the advice and consent of the Senate.] The Director shall
report directly to the Secretary and shall have the general
supervision of the Institute, its equipment, and the exercise
of its functions. The Director shall make an annual report to
the Secretary of Commerce. The Director may issue, when
necessary, bulletins for public distribution, containing such
information as may be of value to the public or facilitate the
exercise of the functions of the Institute. [The Director shall
be compensated at the rate in effect for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code. Until such time as the Director assumes office under this
section, the most recent Director of the National Bureau of
Standards shall serve as Director.]
* * * * * * *
SEC. 18. RESEARCH FELLOWSHIPS AND OTHER FINANCIAL ASSISTANCE TO
STUDENTS AT INSTITUTES OF HIGHER EDUCATION.
[15 U.S.C 278g-1]
(a) In General.--The Director is authorized to expend [up to
1.5 percent of the] funds appropriated for activities of the
Institute in any fiscal year, as the Director may deem
desirable, for awards of research fellowships and other forms
of financial assistance to students at institutions of higher
learning within the United States who show promise as present
or future contributors to the mission of the Institute, and to
United States citizens for research and technical activities on
Institute programs. The selection of persons to receive such
fellowships and assistance shall be made on the basis of
ability and of the relevance of the proposed work to the
mission and programs of the Institute.
(b) Manufacturing Fellowship Program.--
(1) Establishment.--To promote the development of a
robust research community working at the leading edge
of manufacturing sciences, the Director shall establish
a program to award--
(A) postdoctoral research fellowships at the
Institute for research activities related to
manufacturing sciences; and
(B) senior research fellowships to
established researchers in industry or at
institutions of higher education who wish to
pursue studies related to the manufacturing
sciences at the Institute.
(2) Applications.--To be eligible for an award under
this subsection, an individual shall submit an
application to the Director at such time, in such
manner, and containing such information as the Director
may require.
(3) Stipend levels.--Under this subsection, the
Director shall provide stipends for postdoctoral
research fellowships at a level consistent with the
National Institute of Standards and Technology
Postdoctoral Research Fellowship Program, and senior
research fellowships at levels consistent with support
for a faculty member in a sabbatical position.
(c) Underrepresented Minorities.--In evaluating applications
for fellowships under this section, the Director shall give
consideration to the goal of promoting the participation of
underrepresented minorities in research areas supported by the
Institute.
SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.
[15 U.S.C 278g-2]
The Institute[, in conjunction with the National Academy of
Sciences,] shall establish and conduct a post-doctoral
fellowship program, subject to the availability of
appropriations, which shall be organized and carried out in
substantially the same manner as the National Academy of
Sciences/National Research Council Post-Doctoral Research
Associate Program that was in effect prior to 1986, and which
shall include not less than twenty nor more than 120 new
fellows per fiscal year. In evaluating applications for
fellowships under this section, the Director shall give
consideration to the goal of promoting the participation of
underrepresented minorities in research areas supported by the
Institute.
SEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM.
[15 U.S.C. 278g-2a]
(a) Establishment.--The Director shall establish within the
Institute a teacher science and technology enhancement program
to provide for professional development of mathematics and
science teachers of elementary, middle, and secondary schools
(as those terms are defined by the Director), including
providing for the improvement of those teachers with respect to
the understanding of science and the impacts of science on
commerce.
(b) Areas of Focus.--In carrying out the program under this
section, the Director shall focus on the areas of--
(1) scientific measurements;
(2) tests and standards development;
(3) industrial competitiveness and quality;
(4) manufacturing;
(5) technology transfer; and
(6) any other area of expertise of the Institute that
the Director determines to be appropriate.
(c) Procedures and Selection Criteria.--The Director shall
develop and issue procedures and selection criteria for
participants in the program. The Director shall give special
consideration to an application from a teacher from a high-need
school, as defined in section 200 of the Higher Education Act
of 1965 (20 U.S.C. 1021).
(d) Scheduling.--The program under this section shall be
conducted on an annual basis during the summer months, during
the period of time when a majority of elementary, middle, and
secondary schools have not commenced a school year.
(e) Means of Accomplishing Goals.--The program shall provide
for teachers' participation in activities at the laboratory
facilities of the Institute, or shall utilize other means of
accomplishing the goals of the program as determined by the
Director, which may include the Internet, video conferencing
and recording, and workshops and conferences.
* * * * * * *
SEC. 25. REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING TECHNOLOGY.
[15 U.S.C. 278k]
(a) Creation and Support of Centers; Affiliations; Merit
Review in Determining Awards; Objectives.--The Secretary,
through the Director and, if appropriate, through other
officials, shall provide assistance for the creation and
support of [Regional Centers for the Transfer of Manufacturing
Technology] regional centers for the transfer of manufacturing
technology (hereafter in this Act referred to as the
``Centers''). Such centers shall be affiliated with any United
States-based nonprofit institution or organization, or group
thereof, that applies for and is awarded financial assistance
under this section in accordance with the description published
by the Secretary in the Federal Register under subsection
(c)(2). Individual awards shall be decided on the basis of
merit review. The objective of the Centers is to enhance
productivity and technological performance in United States
manufacturing through--
(1) the transfer of manufacturing technology and
techniques developed at the Institute to Centers and,
through them, to manufacturing companies throughout the
United States;
(2) the participation of individuals from industry,
universities, State governments, other Federal
agencies, and, when appropriate, the Institute in
cooperative technology transfer activities;
(3) efforts to make new manufacturing technology and
processes usable by United States-based small- and
medium-sized companies;
(4) the active dissemination of scientific,
engineering, technical, and management information
about manufacturing to industrial firms, including
small- and medium-sized manufacturing companies; [and]
(5) the utilization, when appropriate, of the
expertise and capability that exists in Federal
laboratories other than the [Institute.] Institute; and
(6) providing to community colleges information about
the job skills needed in small- and medium-sized
manufacturing businesses in the regions they serve.
* * * * * * *
(c) Duration and Amount of Support; Program Descriptions;
Applications; Merit Review; Evaluations of Assistance;
Applicability of Patent Law.--
(1) The Secretary may provide financial support to
any Center created under subsection (a) for a period
not to exceed six years. The Secretary may not provide
to a Center more than 50 percent of the capital and
annual operating and maintenance funds required to
create and maintain such Center.
(2) The Secretary shall publish in the Federal
Register, within 90 days after the date of the
enactment of this section, a draft description of a
program for establishing Centers, including--
(A) a description of the program;
(B) procedures to be followed by applicants;
(C) criteria for determining qualified
applicants;
(D) criteria, including those listed under
paragraph (4), for choosing recipients of
financial assistance under this section from
among the qualified applicants; and
(E) maximum support levels expected to be
available to Centers under the program in the
fourth through sixth years of assistance under
this section. The Secretary shall publish a
final description under this paragraph after
the expiration of a 30-day comment period.
(3)(A) Any nonprofit institution, or group thereof,
or consortia of nonprofit institutions, including
entities existing on August 23, 1988, may submit to the
Secretary an application for financial support under
this subsection, in accordance with the procedures
established by the Secretary and published in the
Federal Register under paragraph (2).
(B) In order to receive assistance under this
section, an applicant for financial assistance under
subparagraph (A) shall provide adequate assurances that
non-Federal assets obtained from the applicant and the
applicant's partnering organizations will be used as a
funding source to meet not less than 50 percent of the
costs incurred for the first 3 years and an increasing
share for each of the last 3 years. For purposes of the
preceding sentence, the costs incurred means the costs
incurred in connection with the activities undertaken
to improve the management, productivity, and
technological performance of small- and medium-sized
manufacturing companies.
(C) In meeting the 50 percent requirement, it is
anticipated that a Center will enter into agreements
with other entities such as private industry,
universities, and State governments to accomplish
programmatic objectives and access new and existing
resources that will further the impact of the Federal
investment made on behalf of small- and medium-sized
manufacturing companies. All non-Federal costs
contributed by such entities and determined by a Center
as programmatically reasonable and allocable under MEP
program procedures are includable as a portion of the
Center's contribution.
(D) Each applicant under subparagraph (A) shall also
submit a proposal for the allocation of the legal
rights associated with any invention which may result
from the proposed Center's activities.
(4) The Secretary shall subject each such application
to merit review. In making a decision whether to
approve such application and provide financial support
under this subsection, the Secretary shall consider at
a minimum (A) the merits of the application,
particularly those portions of the application
regarding technology transfer, training and education,
and adaptation of manufacturing technologies to the
needs of particular industrial sectors, (B) the quality
of service to be provided, (C) geographical diversity
and extent of service area, and (D) the percentage of
funding and amount of in-kind commitment from other
sources.
(5) Each Center which receives financial assistance
under this section shall be evaluated during its third
year of operation by an evaluation panel appointed by
the Secretary. Each such evaluation panel shall be
composed of private experts, none of whom shall be
connected with the involved Center, and Federal
officials. An official of the Institute shall chair the
panel. Each evaluation panel shall measure the involved
Center's performance against the objectives specified
in this section. The Secretary shall not provide
funding for the fourth through the sixth years of such
Center's operation unless the evaluation is positive.
If the evaluation is positive, the Secretary may
provide continued funding through the sixth year at
declining levels. A Center that has not received a
positive evaluation by the evaluation panel shall be
notified by the panel of the deficiencies in its
performance and shall be placed on probation for one
year, after which time the panel shall reevaluate the
Center. If the Center has not addressed the
deficiencies identified by the panel, or shown a
significant improvement in its performance, the
Director shall conduct a new competition to select an
operator for the Center or may close the Center. After
the sixth year, a Center may receive additional
financial support under this section if it has received
a positive evaluation through an independent review,
under procedures established by the Institute. Such an
independent review shall be required at least every two
years after the sixth year of operation. Funding
received for a fiscal year under this section after the
sixth year of operation shall not exceed one third of
the capital and annual operating and maintenance costs
of the Center under the program.
(6) The provisions of chapter 18 of title 35, United
States Code, shall (to the extent not inconsistent with
this section) apply to the promotion of technology from
research by Centers under this section except for
contracts for such specific technology extension or
transfer services as may be specified by statute or by
the Director.
(7) Not later than 90 days after the date of
enactment of the National Institute of Standards and
Technology Authorization Act of 2010, the Comptroller
General shall submit to Congress a report on the cost
share requirements under the program. The report
shall--
(A) discuss various cost share structures,
including the cost share structure in place
prior to such date of enactment, and the effect
of such cost share structures on individual
Centers and the overall program; and
(B) include recommendations for how best to
structure the cost share requirement to provide
for the long-term sustainability of the
program.''.
(8) If consistent with the recommendations in the
report transmitted to Congress under paragraph (7), the
Secretary shall alter the cost structure requirements
specified under paragraph (3)(B) and (5) provided that
the modification does not increase the cost share
structure in place before the date of enactment of the
America COMPETES Reauthorization Act of 2010, or allow
the Secretary to provide a Center more than 50 percent
of the costs incurred by that Center.
* * * * * * *
(e) MEP Advisory Board.--
(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership
Advisory Board (in this subsection referred to as the
``MEP Advisory Board'').
(2) Membership.--
(A) In general.--The MEP Advisory Board shall
consist of 10 members broadly representative of
stakeholders, to be appointed by the Director.
At least 2 members shall be employed by or on
an advisory board for the Centers, and at least
5 other members shall be from United States
small businesses in the manufacturing sector.
No member shall be an employee of the Federal
Government.
(B) Term.--Except as provided in subparagraph
(C) or (D), the term of office of each member
of the MEP Advisory Board shall be 3 years.
(C) Classes.--The original members of the MEP
Advisory Board shall be appointed to 3 classes.
One class of 3 members shall have an initial
term of 1 year, one class of 3 members shall
have an initial term of 2 years, and one class
of 4 members shall have an initial term of 3
years.
(D) Vacancies.--Any member appointed to fill
a vacancy occurring prior to the expiration of
the term for which his predecessor was
appointed shall be appointed for the remainder
of such term.
(E) Serving consecutive terms.--Any person
who has completed two consecutive full terms of
service on the MEP Advisory Board shall
thereafter be ineligible for appointment during
the one-year period following the expiration of
the second such term.
(3) Meetings.--The MEP Advisory Board shall meet not
less than 2 times annually, and provide to the
Director--
(A) advice on Manufacturing Extension
Partnership programs, plans, and policies;
(B) assessments of the soundness of
Manufacturing Extension Partnership plans and
strategies; and
(C) assessments of current performance
against Manufacturing Extension Partnership
program plans.
[(4) Federal Advisory Committee Act.--In discharging
its duties under this subsection, the MEP Advisory
Board shall function solely in an advisory capacity, in
accordance with the Federal Advisory Committee Act.]
(4) Federal Advisory Committee Act applicability.--
(A) In general.--In discharging its duties
under this subsection, the MEP Advisory Board
shall function solely in an advisory capacity,
in accordance with the Federal Advisory
Committee Act.
(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the
MEP Advisory Board.
(5) Report.--The MEP Advisory Board shall transmit an
annual report to the Secretary for transmittal to
Congress within 30 days after the submission to
Congress of the President's annual budget request in
each year. Such report shall address the status of the
program established pursuant to this section and
comment on the relevant sections of the programmatic
planning document and updates thereto transmitted to
Congress by the Director under subsections (c) and (d)
of section 23.
(f) Competitive Grant Program.--
(1) Establishment.--The Director shall establish,
within the Centers program under this section and
section 26 of this Act, a program of competitive awards
among participants described in paragraph (2) for the
purposes described in paragraph (3).
(2) Participants.--Participants receiving awards
under this subsection shall be the Centers, or a
consortium of such Centers.
(3) Purpose.--The purpose of the program under this
subsection is [to develop] to add capabilities to the
MEP program, including the development of projects to
solve new or emerging manufacturing problems as
determined by the Director, in consultation with the
[Director of the Centers program,] Director of the
Hollings MEP program, the Manufacturing Extension
Partnership Advisory Board, and small and medium-sized
manufacturers. One or more themes for the competition
may be identified, which may vary from year to year,
depending on the needs of manufacturers and the success
of previous competitions. [These themes shall be
related to projects associated with manufacturing
extension activities, including supply chain
integration and quality management, and including the
transfer of technology based on the technological needs
of manufacturers and available technologies from
institutions of higher education, laboratories, and
other technology producing entities, or extend beyond
these traditional areas.] Centers may be reimbursed for
costs incurred under the program. These themes--
(A) shall be related to projects designed to
increase the viability both of traditional
manufacturing sectors and other sectors, such
as construction, that increasingly rely on
manufacturing through the use of manufactured
components and manufacturing techniques,
including supply chain integration and quality
management;
(B) shall be related to projects related to
the transfer of technology based on the
technological needs of manufacturers and
available technologies from institutions of
higher education, laboratories, and other
technology producing entities; and
(C) may extend beyond these traditional areas
to include projects related to construction
industry modernization.
(4) Applications.--Applications for awards under this
subsection shall be submitted in such manner, at such
time, and containing such information as the Director
shall require, in consultation with the Manufacturing
Extension Partnership Advisory Board.
[(5) Selection.--Awards under this subsection shall
be peer reviewed and competitively awarded. The
Director shall select proposals to receive awards--
[(A) that utilize innovative or collaborative
approaches to solving the problem described in
the competition;
[(B) that will improve the competitiveness of
industries in the region in which the Center or
Centers are located; and
[(C) that will contribute to the long-term
economic stability of that region.]
(5) Selection.--
(A) In general.--Awards under this section
shall be peer reviewed and competitively
awarded. The Director shall endeavor to select
at least one proposal in each of the 9
statistical divisions of the United States (as
designated by the Bureau of the Census). The
Director shall select proposals to receive
awards that will--
(i) create jobs or train newly hired
employees;
(ii) promote technology transfer and
commercialization of environmentally
focused materials, products, and
processes;
(iii) increase energy efficiency; and
(iv) improve the competitiveness of
industries in the region in which the
Center or Centers are located.
(B) Additional selection criteria.--The
Director may select proposals to receive awards
that will--
(i) encourage greater cooperation and
foster partnerships in the region with
similar Federal, State, and locally
funded programs to encourage energy
efficiency and building technology; and
(ii) collect data and analyze the increasing
connection between manufactured products and
manufacturing techniques, the future of
construction practices, and the emerging
application of products from the green energy
industries.
(6) Program contribution.--Recipients of awards under
this subsection shall not be required to provide a
matching contribution.
(7) Duration.--Awards under this section shall last
no longer than 3 years.
(8) Eligible participants.--In addition to
manufacturing firms eligible to participate in the
Centers program, awards under this subsection may be
used by the Centers to assist small or medium-sized
construction firms. Centers may be reimbursed under the
program for working with such eligible participants.
(9) Authorization of appropriations.--In addition to
any amounts otherwise authorized or appropriated to
carry out this section, there are authorized to be
appropriated to the Secretary of Commerce $7,000,000
for each of the fiscal years 2011 through 2013 to carry
out this subsection.
* * * * * * *
(g) Innovative Services Initiative.--
(1) Establishment.--The Director shall establish,
within the Centers program under this section, an
innovative services initiative to assist small- and
medium-sized manufacturers in--
(A) reducing their energy usage, greenhouse
gas emissions, and environmental waste to
improve profitability;
(B) accelerating the domestic
commercialization of new product technologies,
including components for renewable energy and
energy efficiency systems; and
(C) identification of and diversification to
new markets, including support for
transitioning to the production of components
for renewable energy and energy efficiency
systems.
(2) Market demand.--The Director may not undertake
any activity to accelerate the domestic
commercialization of a new product technology under
this subsection unless an analysis of market demand for
the new product technology has been conducted.''.
(h) Reports.--
(1) In general.--In submitting the 3-year
programmatic planning document and annual updates under
section 23, the Director shall include an assessment of
the Director's governance of the program established
under this section.
(2) Criteria.--In conducting the assessment, the
Director shall use the criteria established pursuant to
the Malcolm Baldrige National Quality Award under
section 17(d)(1)(C) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3711a(d)(1)(C)).
(i) Designation.--
(1) Hollings manufacturing extension partnership.--
The program under this section shall be known as the
``Hollings Manufacturing Extension Partnership''.
(2) Hollings manufacturing extension centers.--The
Regional Centers for the Transfer of Manufacturing
Technology created and supported under subsection (a)
shall be known as the ``Hollings Manufacturing
Extension Centers'' (in this Act referred to as the
``Centers'').
(j) Community College Defined.--In this section, the term
``community college'' means an institution of higher education
(as defined under section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) at which the highest degree that is
predominately awarded to students is an associate's degree.
(k) Evaluation of Obstacles Unique to Small Manufacturers.--
The Director shall--
(1) evaluate obstacles that are unique to small
manufacturers that prevent such manufacturers from
effectively competing in the global market;
(2) implement a comprehensive plan to train the
Centers to address such obstacles; and
(3) facilitate improved communication between the
Centers to assist such manufacturers in implementing
appropriate, targeted solutions to such obstacles.
CONSOLIDATED APPROPRIATIONS ACT, 2005
[15 U.S.C. 278k note]
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $109,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall not recompete
any existing Manufacturing Extension Partnership Center prior
to [2007: Provided further, That hereafter the Manufacturing
Extension Partnership Program authorized under 15 U.S.C. 278k
shall be renamed the Hollings Manufacturing Partnership Program
and the centers established and receiving funding under 15
U.S.C. 278k paragraph (a) shall be named the Hollings
Manufacturing Extension Centers.] 2007.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $142,300,000 to remain available until expended.
OMNIBUS TRADE AND COMPETITION ACT OF 1988
[15 U.S.C. 1533]
SEC. 5163. COMMERCE, SCIENCE, AND TECHNOLOGY FELLOWSHIP PROGRAM.
[There is established within the Department of Commerce a
Commerce, Science, and Technology Fellowship Program with the
stated purpose of providing a select group of employees of the
executive branch of the Government with the opportunity of
learning how the legislative branch and other parts of the
executive branch function through work experiences of up to one
year. The Secretary of Commerce shall report to the Congress
within six months after the date of enactment of this Act
[enacted Aug. 23, 1988] on the Department of Commerce's plans
for implementing such Program by March 31, 1989.]
STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
[15 U.S.C. 3701 et seq.]
* * * * * * *
SEC. 24. PRIZE COMPETITIONS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means a Federal
agency.
(2) Director.--The term ``Director'' means the
Director of the Office of Science and Technology
Policy.
(3) Federal agency.--The term ``Federal agency'' has
the meaning given under section 4, except that term
shall not include any agency of the legislative branch
of the Federal Government.
(4) Head of an agency.--The term ``head of an
agency'' means the head of a Federal agency.
(b) In General.--Each head of an agency, or the heads of
multiple agencies in cooperation, may carry out a program to
award prizes competitively to stimulate innovation that has the
potential to advance the mission of the respective agency.
(c) Prizes.--For purposes of this section, a prize may be one
or more of the following:
(1) A point solution prize that rewards and spurs the
development of solutions for a particular, well-defined
problem.
(2) An exposition prize that helps identify and
promote a broad range of ideas and practices that may
not otherwise attract attention, facilitating further
development of the idea or practice by third parties.
(3) Participation prizes that create value during and
after the competition by encouraging contestants to
change their behavior or develop new skills that may
have beneficial effects during and after the
competition.
(4) Such other types of prizes as each head of an
agency considers appropriate to stimulate innovation
that has the potential to advance the mission of the
respective agency.
(d) Topics.--In selecting topics for prize competitions, the
head of an agency shall consult widely both within and outside
the Federal Government, and may empanel advisory committees.
(e) Advertising.--The head of an agency shall widely
advertise each prize competition to encourage broad
participation.
(f) Requirements and Registration.--For each prize
competition, the head of an agency shall publish a notice in
the Federal Register announcing--
(1) the subject of the competition;
(2) the rules for being eligible to participate in
the competition;
(3) the process for participants to register for the
competition;
(4) the amount of the prize; and
(5) the basis on which a winner will be selected.
(g) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
(1) shall have registered to participate in the
competition under any rules promulgated by the head of
an agency under subsection (f);
(2) shall have complied with all the requirements
under this section;
(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of
business in the United States, and in the case of an
individual, whether participating singly or in a group,
shall be a citizen or permanent resident of the United
States; and
(4) may not be a Federal entity or Federal employee
acting within the scope of their employment.
(h) Consultation With Federal Employees.--An individual or
entity shall not be deemed ineligible under subsection (g)
because the individual or entity used Federal facilities or
consulted with Federal employees during a competition if the
facilities and employees are made available to all individuals
and entities participating in the competition on an equitable
basis.
(i) Liability.--
(1) In general.--
(A) Definition.--In this paragraph, the term
``related entity'' means a contractor or
subcontractor at any tier, and a supplier,
user, customer, cooperating party, grantee,
investigator, or detailee.
(B) Liability.--Registered participants shall
be required to agree to assume any and all
risks and waive claims against the Federal
Government and its related entities, except in
the case of willful misconduct, for any injury,
death, damage, or loss of property, revenue, or
profits, whether direct, indirect, or
consequential, arising from their participation
in a competition, whether the injury, death,
damage, or loss arises through negligence or
otherwise.
(2) Insurance.--Participants shall be required to
obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the head of an
agency, for claims by--
(A) a third party for death, bodily injury,
or property damage, or loss resulting from an
activity carried out in connection with
participation in a competition, with the
Federal Government named as an additional
insured under the registered participant's
insurance policy and registered participants
agreeing to indemnify the Federal Government
against third party claims for damages arising
from or related to competition activities; and
(B) the Federal Government for damage or loss
to Government property resulting from such an
activity.
(3) Exception.--The head of an agency may not require
a participant to waive claims against the administering
entity arising out of the unauthorized use or
disclosure by the agency of the intellectual property,
trade secrets, or confidential business information of
the participant.
(j) Intellectual Property.--
(1) Prohibition on the government acquiring
intellectual property rights.--The Federal Government
may not gain an interest in intellectual property
developed by a participant in a competition without the
written consent of the participant.
(2) Licenses.--The Federal Government may negotiate a
license for the use of intellectual property developed
by a participant for a competition.
(k) Judges.--
(1) In general.--For each competition, the head of an
agency, either directly or through an agreement under
subsection (l), shall appoint one or more qualified
judges to select the winner or winners of the prize
competition on the basis described under subsection
(f). Judges for each competition may include
individuals from outside the agency, including from the
private sector.
(2) Restrictions.--A judge may not--
(A) have personal or financial interests in,
or be an employee, officer, director, or agent
of any entity that is a registered participant
in a competition; or
(B) have a familial or financial relationship
with an individual who is a registered
participant.
(3) Guidelines.--The heads of agencies who carry out
competitions under this section shall develop
guidelines to ensure that the judges appointed for such
competitions are fairly balanced and operate in a
transparent manner.
(4) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any
committee, board, commission, panel, task force, or
similar entity, created solely for the purpose of
judging prize competitions under this section.
(l) Administering the Competition.--The head of an agency may
enter into an agreement with a private, nonprofit entity to
administer a prize competition, subject to the provisions of
this section.
(m) Funding.--
(1) In general.--Support for a prize competition
under this section, including financial support for the
design and administration of a prize or funds for a
monetary prize purse, may consist of Federal
appropriated funds and funds provided by the private
sector for such cash prizes. The head of an agency may
accept funds from other Federal agencies to support
such competitions. The head of an agency may not give
any special consideration to any private sector entity
in return for a donation.
(2) Availability of funds.--Notwithstanding any other
provision of law, funds appropriated for prize awards
under this section shall remain available until
expended. No provision in this section permits
obligation or payment of funds in violation of section
1341 of title 31, United States Code.
(3) Amount of prize.--
(A) Announcement.--No prize may be announced
under subsection (f) until all the funds needed
to pay out the announced amount of the prize
have been appropriated or committed in writing
by a private source.
(B) Increase in amount.--The head of an
agency may increase the amount of a prize after
an initial announcement is made under
subsection (f) only if--
(i) notice of the increase is
provided in the same manner as the
initial notice of the prize; and
(ii) the funds needed to pay out the
announced amount of the increase have
been appropriated or committed in
writing by a private source.
(4) Limitation on amount.--
(A) Notice to congress.--No prize competition
under this section may offer a prize in an
amount greater than $50,000,000 unless 30 days
have elapsed after written notice has been
transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Science and Technology of the
House of Representatives.
(B) Approval of head of agency.--No prize
competition under this section may result in
the award of more than $1,000,000 in cash
prizes without the approval of the head of an
agency.
(n) General Service Administration Assistance.--Not later
than 180 days after the date of the enactment of the America
COMPETES Reauthorization Act of 2010, the General Services
Administration shall provide government wide services to share
best practices and assist agencies in developing guidelines for
issuing prize competitions. The General Services Administration
shall develop a contract vehicle to provide agencies access to
relevant products and services, including technical assistance
in structuring and conducting prize competitions to take
maximum benefit of the marketplace as they identify and pursue
prize competitions to further the policy objectives of the
Federal Government.
(o) Compliance With Existing Law.--
(1) In general.--The Federal Government shall not, by
virtue of offering or providing a prize under this
section, be responsible for compliance by registered
participants in a prize competition with Federal law,
including licensing, export control, and
nonproliferation laws, and related regulations.
(2) Other prize authority.-- Nothing in this section
affects the prize authority authorized by any other
provision of law.
(p) Annual Report.--
(1) In general.--Not later than March 1 of each year,
the Director shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Science and Technology of the House of
Representatives a report on the activities carried out
during the preceding fiscal year under the authority in
subsection (b).
(2) Information included.--The report for a fiscal
year under this subsection shall include, for each
prize competition under subsection (b), the following:
(A) Proposed goals.--A description of the
proposed goals of each prize competition.
(B) Preferable method.--An analysis of why
the utilization of the authority in subsection
(b) was the preferable method of achieving the
goals described in subparagraph (A) as opposed
to other authorities available to the agency,
such as contracts, grants, and cooperative
agreements.
(C) Amount of cash prizes.--The total amount
of cash prizes awarded for each prize
competition, including a description of amount
of private funds contributed to the program,
the sources of such funds, and the manner in
which the amounts of cash prizes awarded and
claimed were allocated among the accounts of
the agency for recording as obligations and
expenditures.
(D) Solicitations and evaluation of
submissions.--The methods used for the
solicitation and evaluation of submissions
under each prize competition, together with an
assessment of the effectiveness of such methods
and lessons learned for future prize
competitions.
(E) Resources.--A description of the
resources, including personnel and funding,
used in the execution of each prize competition
together with a detailed description of the
activities for which such resources were used
and an accounting of how funding for execution
was allocated among the accounts of the agency
for recording as obligations and expenditures.
(F) Results.--A description of how each prize
competition advanced the mission of the agency
concerned.
SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
(a) In General.--The Secretary shall establish an Office of
Innovation and Entrepreneurship to foster innovation and the
commercialization of new technologies, products, processes, and
services with the goal of promoting productivity and economic
growth in the United States.
(b) Duties.--The Office of Innovation and Entrepreneurship
shall be responsible for--
(1) developing policies to accelerate innovation and
advance the commercialization of research and
development, including federally funded research and
development;
(2) identifying existing barriers to innovation and
commercialization, including access to capital and
other resources, and ways to overcome those barriers,
particularly in States participating in the
Experimental Program to Stimulate Competitive Research;
(3) providing access to relevant data, research, and
technical assistance on innovation and
commercialization;
(4) strengthening collaboration on and coordination
of policies relating to innovation and
commercialization, including those focused on the needs
of small businesses and rural communities, within the
Department of Commerce, between the Department of
Commerce and other Federal agencies, and between the
Department of Commerce and appropriate State government
agencies and institutions, as appropriate; and
(5) any other duties as determined by the Secretary.
(c) Advisory Committee.--The Secretary shall establish an
Advisory Council on Innovation and Entrepreneurship to provide
advice to the Secretary on carrying out subsection (b).
SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
(a) Establishment.--The Secretary shall establish a program
to provide loan guarantees for obligations to small- or medium-
sized manufacturers for the use or production of innovative
technologies.
(b) Eligible Projects.--A loan guarantee may be made under
the program only for a project that re-equips, expands, or
establishes a manufacturing facility in the United States--
(1) to use an innovative technology or an innovative
process in manufacturing;
(2) to manufacture an innovative technology product
or an integral component of such a product; or
(3) to commercialize an innovative product, process,
or idea that was developed by research funded in whole
or in part by a grant from the National Science
Foundation.
(c) Eligible Borrower.--A loan guarantee may be made under
the program only for a borrower who is a small- or medium-sized
manufacturer, as determined by the Secretary under the criteria
established pursuant to subsection (m).
(d) Limitation on Amount.--A loan guarantee shall not exceed
an amount equal to 80 percent of the obligation, as estimated
at the time at which the loan guarantee is issued.
(e) Limitations on Loan Guarantee.--No loan guarantee shall
be made unless the Secretary determines that--
(1) there is a reasonable prospect of repayment of
the principal and interest on the obligation by the
borrower;
(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources)
is sufficient to carry out the project;
(3) the obligation is not subordinate to other
financing;
(4) the obligation bears interest at a rate that does
not exceed a level that the Secretary determines
appropriate, taking into account the prevailing rate of
interest in the private sector for similar loans and
risks; and
(5) the term of an obligation requires full repayment
over a period not to exceed the lesser of--
(A) 30 years; or
(B) 90 percent of the projected useful life,
as determined by the Secretary, of the physical
asset to be financed by the obligation.
(f) Defaults.--
(1) Payment by secretary.--
(A) In general.--If a borrower defaults (as
defined in regulations promulgated by the
Secretary and specified in the loan guarantee)
on the obligation, the holder of the loan
guarantee shall have the right to demand
payment of the unpaid amount from the
Secretary.
(B) Payment required.--Within such period as
may be specified in the loan guarantee or
related agreements, the Secretary shall pay to
the holder of the loan guarantee the unpaid
interest on and unpaid principal of the
obligation as to which the borrower has
defaulted, unless the Secretary finds that
there was no default by the borrower in the
payment of interest or principal or that the
default has been remedied.
(C) Forbearance.--Nothing in this subsection
precludes any forbearance by the holder of the
obligation for the benefit of the borrower
which may be agreed upon by the parties to the
obligation and approved by the Secretary.
(2) Subrogation.--
(A) In general.--If the Secretary makes a
payment under paragraph (1), the Secretary
shall be subrogated to the rights, as specified
in the loan guarantee, of the recipient of the
payment or related agreements including, if
appropriate, the authority (notwithstanding any
other provision of law)--
(i) to complete, maintain, operate,
lease, or otherwise dispose of any
property acquired pursuant to such loan
guarantee or related agreement; or
(ii) to permit the borrower, pursuant
to an agreement with the Secretary, to
continue to pursue the purposes of the
project if the Secretary determines
that such an agreement is in the public
interest.
(B) Superiority of rights.--The rights of the
Secretary, with respect to any property
acquired pursuant to a loan guarantee or
related agreements, shall be superior to the
rights of any other person with respect to the
property.
(3) Notification.--If the borrower defaults on an
obligation, the Secretary shall notify the Attorney
General of the default.
(h) Terms and Conditions.--A loan guarantee under this
section shall include such detailed terms and conditions as the
Secretary determines appropriate--
(1) to protect the interests of the United States in
the case of default; and
(2) to have available all the patents and technology
necessary for any person selected, including the
Secretary, to complete and operate the project.
(i) Consultation.--In establishing the terms and conditions
of a loan guarantee under this section, the Secretary shall
consult with the Secretary of the Treasury.
(j) Fees.--
(1) In general.--The Secretary shall charge and
collect fees for loan guarantees in amounts the
Secretary determines are sufficient to cover applicable
administrative expenses.
(2) Availability.--Fees collected under this
subsection shall--
(A) be deposited by the Secretary into the
Treasury of the United States; and
(B) remain available until expended, subject
to such other conditions as are contained in
annual appropriations Acts.
(3) Limitation.--In charging and collecting fees
under paragraph (1), the Secretary shall take into
consideration the amount of the obligation.
(k) Records.--
(1) In general.--With respect to a loan guarantee
under this section, the borrower, the lender, and any
other appropriate party shall keep such records and
other pertinent documents as the Secretary shall
prescribe by regulation, including such records as the
Secretary may require to facilitate an effective audit.
(2) Access.--The Secretary and the Comptroller
General of the United States, or their duly authorized
representatives, shall have access to records and other
pertinent documents for the purpose of conducting an
audit.
(l) Full Faith and Credit.--The full faith and credit of the
United States is pledged to the payment of all loan guarantees
issued under this section with respect to principal and
interest.
(m) Regulations.--The Secretary shall issue final regulations
before making any loan guarantees under the program. The
regulations shall include--
(1) criteria that the Secretary shall use to
determine eligibility for loan guarantees under this
section, including--
(A) whether a borrower is a small- or medium-
sized manufacturer; and
(B) whether a borrower demonstrates that a
market exists for the innovative technology
product, or the integral component of such a
product, to be manufactured, as evidenced by
written statements of interest from potential
purchasers;
(2) criteria that the Secretary shall use to
determine the amount of any fees charged under
subsection (j), including criteria related to the
amount of the obligation;
(3) policies and procedures for selecting and
monitoring lenders and loan performance; and
(4) any other policies, procedures, or information
necessary to implement this section.
(n) Audit.--
(1) Annual independent audits.--The Secretary shall
enter into an arrangement with an independent auditor
for annual evaluations of the program under this
section.
(2) Comptroller general review.--The Comptroller
General of the United States shall conduct a biennial
review of the Secretary's execution of the program
under this section.
(3) Report.--The results of the independent audit
under paragraph (1) and the Comptroller General's
review under paragraph (2) shall be provided directly
to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(o) Report to Congress.--Concurrent with the submission to
Congress of the President's annual budget request in each year
after the date of enactment of the America COMPETES
Reauthorization Act of 2010, the Secretary shall transmit to
the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a summary of
all activities carried out under this section.
(p) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities
carried out under this section are coordinated with, and do not
duplicate the efforts of, other loan guarantee programs within
the Federal Government.
(q) MEP Centers.--The Secretary may use centers established
under section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k) to provide information about
the program established under this section and to conduct
outreach to potential borrowers, as appropriate.
(r) Minimizing Risk.--The Secretary shall promulgate
regulations and policies to carry out this section in
accordance with Office of Management and Budget Circular No. A-
129, entitled ``Policies for Federal Credit Programs and Non-
Tax Receivables'', as in effect on the date of enactment of the
America COMPETES Reauthorization Act of 2010.
(s) Sense of Congress.--It is the sense of Congress that no
loan guarantee shall be made under this section unless the
borrower agrees to use a federally-approved electronic
employment eligibility verification system to verify the
employment eligibility of--
(1) all persons hired during the contract term by the
borrower to perform employment duties within the United
States; and
(2) all persons assigned by the borrower to perform
work within the United States on the project.
(t) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given
such term under section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a).
(2) Innovative process.--The term ``innovative
process'' means a process that is significantly
improved as compared to the process in general use in
the commercial marketplace in the United States at the
time the loan guarantee is issued.
(3) Innovative technology.--The term ``innovative
technology'' means a technology that is significantly
improved as compared to the technology in general use
in the commercial marketplace in the United States at
the time the loan guarantee is issued.
(4) Loan guarantee.--The term ``loan guarantee'' has
the meaning given such term in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a). The
term includes a loan guarantee commitment (as defined
in section 502 of such Act (2 U.S.C. 661a)).
(5) Obligation.--The term ``obligation'' means the
loan or other debt obligation that is guaranteed under
this section.
(6) Program.--The term ``program'' means the loan
guarantee program established in subsection (a).
(u) Authorization of Appropriations.--
(1) Cost of loan guarantees.--There are authorized to
be appropriated $100,000,000 for each of fiscal years
2011 through 2015 to provide the cost of loan
guarantees under this section.
(2) Principal and interest.--There are authorized to
be appropriated such sums as are necessary to carry out
subsection (g).
SEC. 27. REGIONAL INNOVATION PROGRAM.
(a) Establishment.--The Secretary shall establish a regional
innovation program to encourage and support the development of
regional innovation strategies, including regional innovation
clusters and science and research parks.
(b) Cluster Grants.--
(1) In general.--As part of the program established
under subsection (a), the Secretary may award grants on
a competitive basis to eligible recipients for
activities relating to the formation and development of
regional innovation clusters.
(2) Permissible activities.--Grants awarded under
this subsection may be used for activities determined
appropriate by the Secretary, including the following:
(A) Feasibility studies.
(B) Planning activities.
(C) Technical assistance.
(D) Developing or strengthening communication
and collaboration between and among
participants of a regional innovation cluster.
(E) Attracting additional participants to a
regional innovation cluster.
(F) Facilitating market development of
products and services developed by a regional
innovation cluster, including through
demonstration, deployment, technology transfer,
and commercialization activities.
(G) Developing relationships between a
regional innovation cluster and entities or
clusters in other regions.
(H) Interacting with the public and State and
local governments to meet the goals of the
cluster.
(3) Eligible recipient defined.--In this subsection,
the term ``eligible recipient'' means--
(A) a State;
(B) an Indian tribe;
(C) a city or other political subdivision of
a State;
(D) an entity that--
(i) is a nonprofit organization, an
institution of higher education, a
public-private partnership, a science
or research park, a Federal laboratory,
or an economic development organization
or similar entity; and
(ii) has an application that is
supported by a State or a political
subdivision of a State; or
(E) a consortium of any of the entities
described in subparagraphs (A) through (D).
(4) Application.--
(A) In general.--An eligible recipient shall
submit an application to the Secretary at such
time, in such manner, and containing such
information and assurances as the Secretary may
require.
(B) Components.--The application shall
include, at a minimum, a description of the
regional innovation cluster supported by the
proposed activity, including a description of--
(i) whether the regional innovation
cluster is supported by the private
sector, State and local governments,
and other relevant stakeholders;
(ii) how the existing participants in
the regional innovation cluster will
encourage and solicit participation by
all types of entities that might
benefit from participation, including
newly formed entities and those rival
existing participants;
(iii) the extent to which the
regional innovation cluster is likely
to stimulate innovation and have a
positive impact on regional economic
growth and development;
(iv) whether the participants in the
regional innovation cluster have access
to, or contribute to, a well-trained
workforce;
(v) whether the participants in the
regional innovation cluster are capable
of attracting additional funds from
non-Federal sources; and
(vi) the likelihood that the
participants in the regional innovation
cluster will be able to sustain
activities once grant funds under this
subsection have been expended.
(C) Special consideration.--The Secretary
shall give special consideration to
applications from regions that contain
communities negatively impacted by trade.
(5) Special consideration.--The Secretary shall give
special consideration to an eligible recipient who
agrees to collaborate with local workforce investment
area boards.
(6) Cost share.--The Secretary may not provide more
than 50 percent of the total cost of any activity
funded under this subsection.
(7) Use and application of research and information
program.--To the maximum extent practicable, the
Secretary shall ensure that activities funded under
this subsection use and apply any relevant research,
best practices, and metrics developed under the program
established in subsection (c).
(c) Science and Research Park Development Grants.--
(1) In general.--As part of the program established
under subsection (a), the Secretary may award grants
for the development of feasibility studies and plans
for the construction of new science parks or the
renovation or expansion of existing science parks.
(2) Limitation on amount of grants.--The amount of a
grant awarded under this subsection may not exceed
$750,000.
(3) Award.--
(A) Competition required.--The Secretary
shall award grants under this subsection
pursuant to a full and open competition.
(B) Geographic dispersion.-- In conducting a
competitive process, the Secretary shall
consider the need to avoid undue geographic
concentration among any one category of States
based on their predominant rural or urban
character as indicated by population density.
(C) Selection criteria.--The Secretary shall
publish the criteria to be utilized in any
competition for the selection of recipients of
grants under this subsection, which shall
include requirements relating to the--
(i) effect the science park will have
on regional economic growth and
development;
(ii) number of jobs to be created at
the science park and the surrounding
regional community each year during its
first 3 years;
(iii) funding to be required to
construct, renovate or expand the
science park during its first 3 years;
(iv) amount and type of financing and
access to capital available to the
applicant;
(v) types of businesses and research
entities expected in the science park
and surrounding regional community;
(vi) letters of intent by businesses
and research entities to locate in the
science park;
(vii) capability to attract a well
trained workforce to the science park;
(viii) the management of the science
park during its first 5 years;
(ix) expected financial risks in the
construction and operation of the
science park and the risk mitigation
strategy;
(x) physical infrastructure available
to the science park, including roads,
utilities, and telecommunications;
(xi) utilization of energy-efficient
building technology including
nationally recognized green building
design practices, renewable energy,
cogeneration, and other methods that
increase energy efficiency and
conservation;
(xii) consideration to the
transformation of military bases
affected by the base realignment and
closure process or the redevelopment of
existing buildings, structures, or
brownfield sites that are abandoned,
idled, or underused into single or
multiple building facilities for
science and technology companies and
institutions;
(xiii) ability to collaborate with
other science parks throughout the
world;
(xiv) consideration of sustainable
development practices and the quality
of life at the science park; and
(xv) other such criteria as the
Secretary shall prescribe.
(4) Allocation constraints.--The Secretary may not
allocate less than one-third of the total grant funding
allocated under this section for any fiscal year to
grants under subsection (b) or this subsection without
written notification to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committees on Science and Technology
and on Energy and Commerce.
(5) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as are necessary for each of fiscal years 2011
through 2013 to carry out this section, including such
sums as are necessary to carry out the evaluation
required under subsection (g).
(d) Loan Guarantees for Science Park Infrastructure.--
(1) In general.--Subject to paragraph (2), the
Secretary may guarantee up to 80 percent of the loan
amount for projects for the construction or expansion,
including renovation and modernization, of science park
infrastructure.
(2) Limitations on guarantee amounts.--The maximum
amount of loan principal guaranteed under this
subsection may not exceed--
(A) $50,000,000 with respect to any
single project; and
(B) $300,000,000 with respect to all
projects.
(3) Selection of guarantee recipients.--The Secretary
shall select recipients of loan guarantees under this
subsection based upon the ability of the recipient to
collateralize the loan amount through bonds, equity,
property, and such other things of values as the
Secretary shall deem necessary. Recipients of grants
under subsection (C) are not eligible for a loan
guarantee during the period of the grant. To the extent
that the Secretary determines it to be feasible, the
Secretary may select recipients of guarantee assistance
in accord with a competitive process that takes into
account the factors set out in subsection (c) of this
section.
(4) Terms and conditions for loan guarantees.--The
loans guaranteed under this subsection shall be subject
to such terms and conditions as the Secretary may
prescribe, except that--
(A) the final maturity of such loans made or
guaranteed may not exceed the lesser of--
(i) 30 years; or
(ii) 90 percent of the useful life of
any physical asset to be financed by
the loan;
(B) a loan guaranteed under this subsection
may not be subordinated to another debt
contracted by the borrower or to any other
claims against the borrowers in the case of
default;
(C) a loan may not be guaranteed under this
subsection unless the Secretary determines that
the lender is responsible and that provision is
made for servicing the loan on reasonable terms
and in a manner that adequately protects the
financial interest of the United States;
(D) a loan may not be guaranteed under this
subsection if--
(i) the income from the loan is
excluded from gross income for purposes
of chapter 1 of the Internal Revenue
Code of 1986; or
(ii) the guarantee provides
significant collateral or security, as
determined by the Secretary in
coordination with the Secretary of the
Treasury, for other obligations the
income from which is so excluded;
(E) any guarantee provided under this
subsection shall be conclusive evidence that--
(i) the guarantee has been properly
obtained;
(ii) the underlying loan qualified
for the guarantee; and
(iii) absent fraud or material
misrepresentation by the holder, the
guarantee is presumed to be valid,
legal, and enforceable;
(F) the Secretary may not extend credit
assistance unless the Secretary has determined
that there is a reasonable assurance of
repayment; and
(G) new loan guarantees may not be committed
except to the extent that appropriations of
budget authority to cover their costs are made
in advance, as required under section 504 of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661c).
(5) Payment of losses.--
(A) In general.--If, as a result of a default
by a borrower under a loan guaranteed under
this subsection, after the holder has made such
further collection efforts and instituted such
enforcement proceedings as the Secretary may
require, the Secretary determines that the
holder has suffered a loss, the Secretary shall
pay to the holder the percentage of the loss
specified in the guarantee contract. Upon
making any such payment, the Secretary shall be
subrogated to all the rights of the recipient
of the payment. The Secretary shall be entitled
to recover from the borrower the amount of any
payments made pursuant to any guarantee entered
into under this section.
(B) Enforcement of rights.--The Attorney
General shall take such action as may be
appropriate to enforce any right accruing to
the United States as a result of the issuance
of any guarantee under this section.
(C) Forbearance.--Nothing in this section may
be construed to preclude any forbearance for
the benefit of the borrower which may be agreed
upon by the parties to the guaranteed loan and
approved by the Secretary, if budget authority
for any resulting subsidy costs (as defined in
section 502(5) of the Federal Credit Reform Act
of 1990) is available.
(6) Evaluation of credit risk.--
(A) The Secretary shall periodically assess
the credit risk of new and existing direct
loans or guaranteed loans.
(B) Not later than 2 years after the date of
the enactment of the America COMPETES
Reauthorization Act of 2010, the Comptroller
General of the United States shall--
(i) conduct a review of the subsidy
estimates for the loan guarantees under
this section; and
(ii) submit to Congress a report on
the review conducted under this
paragraph.
(7) Termination.--A loan may not be guaranteed under
this section after September 30, 2013.
(8) Authorization of appropriations.--There are
authorized to be appropriated--
(A) such sums as are necessary annually for
the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) of
guaranteeing $300,000,000 in loans under this
section, and
(B) such sums as may be necessary for
administrative expenses in fiscal year 2011 and
thereafter,
such sums to remain available until expended.
(e) Regional Innovation Research and Information Program.--
(1) In general.--As part of the program established
under subsection (a), the Secretary shall establish a
regional innovation research and information program--
(A) to gather, analyze, and disseminate
information on best practices for regional
innovation strategies (including regional
innovation clusters), including information
relating to how innovation, productivity, and
economic development can be maximized through
such strategies;
(B) to provide technical assistance,
including through the development of technical
assistance guides, for the development and
implementation of regional innovation
strategies (including regional innovation
clusters);
(C) to support the development of relevant
metrics and measurement standards to evaluate
regional innovation strategies (including
regional innovation clusters), including the
extent to which such strategies stimulate
innovation, productivity, and economic
development; and
(D) to collect and make available data on
regional innovation cluster activity in the
United States, including data on--
(i) the size, specialization, and
competitiveness of regional innovation
clusters;
(ii) the regional domestic product
contribution, total jobs and earnings
by key occupations, establishment size,
nature of specialization, patents,
Federal research and development
spending, and other relevant
information for regional innovation
clusters; and
(iii) supply chain product and
service flows within and between
regional innovation clusters.
(2) Research grants.--The Secretary may award
research grants on a competitive basis to support and
further the goals of the program established under this
subsection.
(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established
in this subsection shall be made available to other
Federal agencies, State and local governments, and
nonprofit and for-profit entities.
(4) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any
grant under subsection (b) or (c) and any loan
guarantee under subsection (d) into the program
established under this subsection.
(f) Interagency Coordination.--
(1) In general.--To the maximum extent practicable,
the Secretary shall ensure that the activities carried
out under this section are coordinated with, and do not
duplicate the efforts of, other programs at the
Department of Commerce or other Federal agencies.
(2) Collaboration.--
(A) In general.--The Secretary shall explore
and pursue collaboration with other Federal
agencies, including through multiagency funding
opportunities, on regional innovation
strategies.
(B) Small businesses.--The Secretary shall
ensure that such collaboration with Federal
agencies prioritizes the needs and challenges
of small businesses.
(g) Evaluation.--
(1) In general.--Not later than 3 years after the
date of enactment of the America COMPETES
Reauthorization Act of 2010, the Secretary shall enter
into a contract with an independent entity, such as the
National Academy of Sciences, to conduct an evaluation
of the program established under subsection (a).
(2) Requirements.--The evaluation shall include--
(A) whether the program is achieving its
goals;
(B) any recommendations for how the program
may be improved; and
(C) a recommendation as to whether the
program should be continued or terminated.
(h) Definitions.--In this section:
(1) Regional innovation cluster.--The term ``regional
innovation cluster'' means a geographically bounded
network of similar, synergistic, or complementary
entities that--
(A) are engaged in or with a particular
industry sector;
(B) have active channels for business
transactions and communication;
(C) share specialized infrastructure, labor
markets, and services; and
(D) leverage the region's unique competitive
strengths to stimulate innovation and create
jobs.
(2) Science park.--The term ``Science park'' means a
property-based venture, which has--
(A) master-planned property and buildings
designed primarily for private-public research
and development activities, high technology and
science-based companies, and research and
development support services;
(B) a contractual or operational relationship
with one or more science- or research-related
institution of higher education or governmental
or non-profit research laboratories;
(C) a primary mission to promote research and
development through industry partnerships,
assisting in the growth of new ventures and
promoting innovation-driven economic
development;
(D) a role in facilitating the transfer of
technology and business skills between
researchers and industry teams; and
(E) a role in promoting technology-led
economic development for the community or
region in which the science park is located. A
science park may be owned by a governmental or
not-for-profit entity, but it may enter into
partnerships or joint ventures with for-profit
entities for development or management of
specific components of the park.
(3) State.--The term ``State'' means one of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession
of the United States.
(i) Authorization of Appropriations.--There are authorized to
be appropriated such sums as necessary for each of fiscal years
2011 through 2013 to carry out this section.
AMERICA COMPETES ACT
[33 U.S.C. 893 et seq.]
* * * * * * *
SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.
[33 U.S.C. 893]
(a) In General._The Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Director
of the National Science Foundation and the Administrator of the
National Aeronautics and Space Administration, shall establish
a coordinated program of ocean, coastal, Great Lakes, and
atmospheric research and development, in collaboration with
academic institutions and other nongovernmental entities, that
shall focus on the development of advanced technologies and
analytical methods that will promote United States leadership
in ocean and atmospheric science and competitiveness in the
applied uses of such knowledge.
(b) Oceanic and Atmospheric Research and Development
Program.--The Administrator shall implement programs and
activities--
(1) to identify emerging and innovative research and
development priorities to enhance U.S. competitiveness,
support development of new economic opportunities based
on NOAA research, observations, monitoring modeling,
and predictions that sustain ecosystem services;
(2) to promote United States leadership in ocean and
atmospheric science and competitiveness in the applied
uses of such knowledge, including for the development
and expansion of economic opportunities; and
(3) to advance ocean, coastal, Great Lakes, and
atmospheric research and development, including
potentially transformational research, in collaboration
with other relevant Federal agencies, academic
institutions, the private sector, and nongovernmental
programs, consistent with the Administration's mission
to understand, observe, and model the Earth's
atmosphere and biosphere, including the oceans, in an
integrated manner.
(c) Report.--No later than 12 months after the date of
enactment of the America COMPETES Reauthorization Act of 2010,
the Administrator, in consultation with the National Science
Foundation or other such agencies with mature transformational
research portfolios, shall develop and submit a report to
describe NOAA's strategy for enhancing transformational
research in its research and development portfolio to increase
United States competitiveness in oceanic and atmospheric
science and technology. The report shall--
(1) define ``transformational research'';
(2) identify emerging and innovative areas of
research and development where transformational
research has the potential to make significant and
revolutionary advancements in both understanding and
U.S. science leadership;
(3) describe how transformational research priorities
are identified and appropriately balanced in the
context of NOAA's broader research portfolio;
(4) describe NOAA's plan for developing a competitive
peer review and priority-setting process, funding
mechanisms, performance and evaluation measures, and
transition-to-operation guidelines for transformational
research; and
(5) describe partnerships with other agencies
involved in transformational research.
(d) Partnerships and Agreements.--
(1) In general.--The Administrator may execute such
contracts, leases, grants, cooperative agreements, or
other agreements and transactions with any agency or
instrumentality of the United States, any State, local,
tribal, territorial or foreign government, or with any
person, corporation, firm, partnership, educational
institution, nonprofit organization, or international
organization as may be necessary to carry out this
title.
(2) Specific authority.--Notwithstanding any other
provision of law, the Administrator may--
(A) execute long term leases of up to 20
years for the use of unimproved land to site
small shelter facilities, antennae, and
equipment including weather, tide, tidal
currents, river, and air sampling or measuring
equipment;
(B) grant long term licenses of up to 20
years at no cost to site facilities and
equipment including weather, tide, tidal
currents, river, and air sampling or measuring
equipment;
(C) acquire (by purchase, lease, or
otherwise), lease, sell, and dispose of or
convey services, money, securities, or property
(whether real, personal, intellectual, or of
any other kind) or an interest therein;
(D) construct, improve, repair, operate,
maintain, outgrant, and dispose of real or
personal property, including buildings,
facilities, and land; and
(E) waive capital lease scoring requirements
for any lease of space on commercial antennas
to support weather radio equipment, air
sampling, or measuring equipment.
(3) Certain leased equipment.--Notwithstanding any
other provision of law, rule, or regulation, leases of
antenna or equipment on towers or other structures
shall be considered operating leases for the purpose of
capital lease scoring.
(4) Authority to receive funds.--The Administrator
may accept, retain, and use funds received from any
party pursuant to an agreement entered into under this
subsection for activities furthering the purposes of
this title.
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.
[33 U.S.C. 893a]
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall conduct, develop, support,
promote, and coordinate formal and informal educational
activities at all levels to enhance public awareness and
understanding of ocean, coastal, Great Lakes, and atmospheric
science and stewardship by the general public and other coastal
stakeholders, including underrepresented groups in ocean and
atmospheric science and policy careers. In conducting those
activities, the Administrator shall build upon the educational
programs and activities of [the agency.] agency, with
consideration given to the goal of promoting the participation
of individuals from underrepresented groups in STEM fields and
in promoting the acquisition and retention of highly qualified
and motivated young scientists to complement and supplement
workforce needs.
(b) Educational Program Goals.--The education programs
developed by NOAA shall, to the extent applicable--
(1) carry out and support research based programs and
activities designed to increase student interest and
participation in STEM;
(2) improve public literacy in STEM;
(3) employ proven strategies and methods for
improving student learning and teaching in STEM;
(4) provide curriculum support materials and other
resources that--
(A) are designed to be integrated with
comprehensive STEM education;
(B) are aligned with national science
education standards; and
(C) produce the adoption and implementation
of high-quality education practices that build
toward college and career-readiness; and
(5) create and support opportunities for enhanced and
ongoing professional development for teachers using
best practices that improves the STEM content and
knowledge of the teachers, including through programs
linking STEM teachers with STEM educators at the higher
education level.
[(b)] (c) NOAA Science Education Plan.--The Administrator,
appropriate National Oceanic and Atmospheric Administration
programs, ocean atmospheric science and education experts, and
interested members of the public shall [develop] maintain a
science education plan setting forth education goals and
strategies for the Administration, as well as programmatic
actions to carry out such goals and priorities over the next 20
years, and evaluate and update such plan every 5 years.
[(c)] (d) Construction.--Nothing in this section may be
construed to affect the application of section 438 of the
General Education Provisions Act (20 U.S.C. 1232a) or sections
504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794
and 794d).
(e) STEM Fields Defined.--In this section, the term ``STEM
fields'' means the academic and professional disciplines of
science, technology, engineering, and mathematics.
NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002
SEC. 4. NATIONAL SCIENCE BOARD.
[42 U.S.C. 1863]
(a) Composition; Appointment; Establishment of Policies of
the Foundation.--The Board shall consist of twenty-four members
to be appointed by the President, by and with the advice and
consent of the Senate, and of the Director ex officio. In
addition to any powers and functions otherwise granted to it by
this Act, the Board shall establish the policies of the
Foundation, within the framework of applicable national
policies as set forth by the President and the Congress.
(b) Executive Committee; Delegation of Powers and
Functions.--The Board shall have an Executive Committee as
provided in section 7, and may delegate to it or to the
Director or both such of the powers and functions granted to
the Board by this Act as it deems appropriate.
(c) Meetings; Nominations; Quorum; Notice.--The persons
nominated for appointment as members of the Board (1) shall be
eminent in the fields of the basic, medical, or social
sciences, engineering, agriculture, education, research
management, or public affairs; (2) shall be selected solely on
the basis of established records of distinguished service; and
(3) shall be so selected as to provide representation of the
views of scientific and engineering leaders in all areas of the
Nation. In making nominations under this section, the President
shall give due regard to equitable representation of scientists
and engineers who are women or who represent minority groups.
The President is requested, in the making of nominations of
persons for appointment as members, to give due consideration
to any recommendations for nomination which may be submitted to
him by the National Academy of Sciences, the National Academy
of Engineering, the National Association of State Universities
and Land Grant Colleges, the Association of American
Universities, the Association of American Colleges, the
Association of State Colleges and Universities, or by other
scientific, engineering, or educational organizations.
(d) Term of Office; Reappointment.--The term of office of
each member of the Board shall be six years; except that any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. Any person,
other than the Director, who has been a member of the Board for
twelve consecutive years shall thereafter be ineligible for
appointment during the two-year period following the expiration
of such twelfth year.
(e) Meetings; Quorum; Notice.--The Board shall meet annually
on the third Monday in May unless, prior to May 10 in any year,
the Chairman has set the annual meeting for a day in May other
than the third Monday, and at such other times as the Chairman
may determine, but he shall also call a meeting whenever one-
third of the members so request in writing. The Board shall
adopt procedures governing the conduct of its meetings,
including delivery of notice and a definition of a quorum,
which in no case shall be less than one-half plus one of the
confirmed members of the Board.
(f) Election of Chairman and Vice Chairman; Vacancy.--The
election of the Chairman and Vice Chairman of the Board shall
take place at each annual meeting occurring in an even-numbered
year. The Vice Chairman shall perform the duties of the
Chairman in his absence. In case a vacancy occurs in the
chairmanship or vice chairmanship, the Board shall elect a
member to fill such vacancy.
(g) Limited Term Personnel for the National Science Board.--
The Board may, with the concurrence of a majority of its
members, permit the appointment of a staff consisting of [not
more than 5] professional staff members, technical and
professional personnel on leave of absence from academic,
industrial, or research institutions for a limited term, and
such operations and support staff members as may be necessary.
Such staff shall be appointed by the Chairman and assigned at
the direction of the Board. The professional members and
limited term technical and professional personnel of such staff
may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 of such title [5
U.S.C. 5101 et seq.] relating to classification, and shall be
compensated at a rate not exceeding the maximum rate payable
under section 5376 of such title [5 U.S.C. 5376], as may be
necessary to provide for the performance of such duties as may
be prescribed by the Board in connection with the exercise of
its powers and functions under this Act. Section 14(a)(3) shall
apply to each limited term appointment of technical and
professional personnel under this subsection. Each appointment
under this subsection shall be subject to the same security
requirements as those required for personnel of the Foundation
appointed under section 14(a) [42 U.S.C. 1873(a)].
(h) Special Commissions.--The Board is authorized to
establish such special commissions as it may from time to time
deem necessary for the purposes of this Act.
(i) Committees; Survey and Advisory Functions.--The Board is
also authorized to appoint from among its members such
committees as it deems necessary, and to assign to committees
so appointed such survey and advisory functions as the Board
deems appropriate to assist it in exercising its powers and
functions under this Act.
(j) Annual Report to President; Submittal to Congress.--
(1) The Board shall render to the President and the
Congress no later than January 15 of each even numbered
year, a report on indicators of the state of science
and engineering in the United States.
(2) The Board shall render to the President and the
Congress reports on specific, individual policy matters
within the authority of the Foundation (or otherwise as
requested by the Congress or the President) related to
science and engineering and education in science and
engineering, as the Board, the President, or the
Congress determines the need for such reports.
(k) Closed Meetings.--Portions of Board meetings in which the
Board considers proposed Foundation budgets for a particular
fiscal year may be closed to the public until the President's
budget for that fiscal year has been submitted to the Congress.
(l) Financial Disclosure Report for Board Members.--Members
of the Board shall be required to file a financial disclosure
report under title II of the Ethics in Government Act of 1978
(5 U.S.C. App. 92 Stat. 1836), except that such reports shall
be held confidential and exempt from any law otherwise
requiring their public disclosure.
Section 4(j)(2) of the National Science Foundation Act of
1950 (42 U.S.C. 1863(j)(2))
Section 15(a)(2) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-5(a)(2))
SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS AND MASTER
TEACHING FELLOWSHIPS.
[42 U.S.C. 1862n-1a]
(a) In General.--
(1) Grants.--
(A) In general.--As part of the Robert Noyce
Teacher Scholarship Program established under
section 10, the Director shall establish a
separate program to award grants to eligible
entities to enable such entities to administer
fellowships in accordance with this section.
(B) Definitions.--The terms used in this
section have the meanings given the terms in
section 10.
(2) Fellowships.--Fellowships under this section
shall be available only to--
(A) science, technology, engineering, or
mathematics professionals, including retiring
professionals in those fields, who shall be
referred to as ``National Science Foundation
Teaching Fellows'' and who, in the first year
of the fellowship, are enrolled in a master's
degree program leading to teacher certification
or licensing; and
(B) mathematics and science teachers, who
shall be referred to as ``National Science
Foundation Master Teaching Fellows'' and who
possess a master's degree in their field.
(b) Eligibility.--In order to be eligible to receive a grant
under this section, an eligible entity shall enter into a
partnership that shall include--
(1) a department within an institution of higher
education participating in the partnership that
provides an advanced program of study in mathematics
and science;
(2) (A) a school or department within an institution
of higher education participating in the partnership
that provides a teacher preparation program; or
(B) a 2-year institution of higher education that has
a teacher preparation offering or a dual enrollment
program with an institution of higher education
participating in the partnership;
(3) not less than 1 high need local educational
agency and a public school or a consortium of public
schools served by the agency; and
(4) 1 or more nonprofit organizations that have a
demonstrated record of capacity to provide expertise or
support to meet the purposes of this section.
(c) Use of Grants.--Grants awarded under this section shall
be used by the eligible entity (and participating institutions
of higher education of the consortium, if applicable) to
develop and implement a program for National Science Foundation
Teaching Fellows or National Science Foundation Master Teaching
Fellows, through--
(1) administering fellowships in accordance with this
section, including providing the teaching fellowship
salary supplements described in subsection (f);
(2) in the case of National Science Foundation
Teaching Fellowships--
(A) offering academic courses and clinical
teaching experiences leading to a master's
degree and designed to prepare individuals to
teach in elementary schools and secondary
schools, including such preparation as is
necessary to meet the requirements for
certification or licensing; and
(B) offering programs both during and after
matriculation in the program for which the
fellowship is received to enable fellows to
become highly effective mathematics and science
teachers, including mentoring, training,
induction, and professional development
activities, to fulfill the service requirements
of this section, including the requirements of
subsection (e), and to exchange ideas with
others in their fields; and
(3) in the case of National Science Foundation Master
Teaching Fellowships--
(A) offering academic courses and leadership
training to prepare individuals to become
master teachers in elementary schools and
secondary schools; and
(B) offering programs both during and after
matriculation in the program for which the
fellowship is received to enable fellows to
become highly effective mathematics and science
teachers, including mentoring, training,
induction, and professional development
activities, to fulfill the service requirements
of this section, including the requirements of
subsection (e), and to exchange ideas with
others in their fields.
(d) Selection Process.--
(1) Merit review.--Grants shall be awarded under this
section on a competitive, merit-reviewed basis.
(2) Applications.--An eligible entity desiring a
grant under this section shall submit an application to
the Director at such time, in such manner, and
containing such information as the Director may
require. The application shall include, at a minimum--
(A) in the case of an applicant that is
submitting an application on behalf of a
consortium of institutions of higher education,
a description of the participating institutions
of higher education and the roles and
responsibilities of each such institution;
(B) a description of the program that the
applicant intends to operate, including the
number of fellowships the applicant intends to
award, the type of activities proposed for the
recruitment of students to the program, and the
amount of the teaching fellowship salary
supplements to be provided in accordance with
subsection (f);
(C) evidence that the applicant has the
capability to administer the program in
accordance with the provisions of this section,
which may include a description of any existing
programs at the applicant eligible entity (and
participating institutions of higher education
of the consortium, if applicable) that are
targeted to the education of mathematics and
science teachers and the number of teachers
graduated annually from such programs;
(D) in the case of National Science
Foundation Teaching Fellowships, a description
of--
(i) the selection process that will
be used in awarding fellowships,
including a description of the rigorous
measures to be used, including the
rigorous, nationally recognized
assessments to be used, in order to
determine whether individuals applying
for fellowships have advanced content
knowledge of science, technology,
engineering, or mathematics;
(ii) the academic courses and
clinical teaching experiences described
in subsection (c)(2)(A), including--
(I) a description of an
educational program that will
enable a student to obtain a
master's degree and teacher
certification or licensing
within 1 year; and
(II) evidence of agreements
between the applicant and the
schools or local educational
agencies that are identified as
the locations at which clinical
teaching experiences will
occur;
(iii) a description of the programs
described in subsection (c)(2)(B),
including activities to assist
individuals in fulfilling their service
requirements under this section;
(E) evidence that the eligible entity will
provide the teaching supplements required under
subsection (f); and
(F) a description of the process the
applicant will use to fulfill the requirements
of section 10(f).
(3) Criteria.--In evaluating the applications
submitted under paragraph (2), the Director shall
consider, at a minimum--
(A) the ability of the applicant (and
participating institutions of higher education
of the consortium, if applicable) to
effectively carry out the program and to meet
the requirements of subsection (f);
(B) the extent to which the mathematics,
science, or engineering faculty and the
education faculty at the eligible entity (and
participating institutions of higher education
of the consortium, if applicable) have worked
or will work collaboratively to design new or
revised curricula that recognizes the
specialized pedagogy required to teach science,
technology, engineering, and mathematics
effectively in elementary schools and secondary
schools;
(C) the extent to which the applicant (and
participating institutions of higher education
of the consortium, if applicable) is committed
to making the program a central organizational
focus;
(D) the degree to which the proposed
programming will enable participants to become
highly effective mathematics and science
teachers and prepare such participants to
assume leadership roles in their schools, in
addition to their regular classroom duties,
including serving as mentor or master teachers,
developing curriculum, and assisting in the
development and implementation of professional
development activities;
(E) the number and quality of the individuals
that will be served by the program; and
(F) in the case of the National Science
Foundation Teaching Fellowship, the ability of
the applicant (and participating institutions
of higher education of the consortium, if
applicable) to recruit individuals who would
otherwise not pursue a career in teaching and
individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1855a or 1855b).
(4) Selection of fellows.--
(A) In general.--Individuals shall be
selected to receive fellowships under this
section primarily on the basis of--
(i) professional achievement;
(ii) academic merit;
(iii) content knowledge of science,
technology, engineering, or
mathematics, as demonstrated by their
performance on an assessment in
accordance with paragraph (2)(D)(i);
and
(iv) in the case of National Science
Foundation Master Teaching Fellows,
demonstrated success in improving
student academic achievement in
science, technology, engineering, or
mathematics.
(B) Promoting participation of certain
individuals.--Among individuals demonstrating
equivalent qualifications, consideration may be
given to the goal of promoting the
participation of individuals identified in
section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1885a or
1885b).
(e) Duties of National Science Foundation Teaching Fellows
and Master Teaching Fellows.--A National Science Foundation
Teaching Fellow or a National Science Foundation Master
Teaching Fellow, while fulfilling the service obligation under
subsection (g) and in addition to regular classroom activities,
shall take on a leadership role within the school or local
educational agency in which the fellow is employed, as defined
by the partnership according to such fellow's expertise,
including serving as a mentor or master teacher, developing
curricula, and assisting in the development and implementation
of professional development activities.
(f) Teaching Fellowship Salary Supplements.--
(1) In general.--An eligible entity receiving a grant
under this section shall provide salary supplements to
individuals who participate in the program under this
section during the period of their service obligation
under subsection (g). A local educational agency
through which the service obligation is fulfilled shall
agree not to reduce the base salary normally paid to an
individual solely because such individual receives a
salary supplement under this subsection.
(2) Amount and duration.--
(A) Amount.--Salary supplements provided
under paragraph (1) shall be not less than
$10,000 per year, except that, in the case of a
National Science Foundation Teaching Fellow,
while enrolled in the master's degree program
as described in subsection (c)(2)(A), such
fellow shall receive not more than the cost of
attendance at such fellow's institution.
(B) Support while enrolled in master's degree
program.--A National Science Foundation
Teaching Fellow may receive a maximum of 1 year
of fellowship support while enrolled in a
master's degree program as described in
subsection (c)(2)(A), except that if such
fellow is enrolled in a part-time program, such
amount shall be prorated according to the
length of the program.
(C) Duration of support.--An eligible entity
receiving a grant under this section shall
provide teaching fellowship salary supplements
through the period of the fellow's service
obligation under subsection (g).
(g) Service Obligation.--An individual awarded a fellowship
under this section shall serve as a mathematics or science
teacher in an elementary school or secondary school served by a
high need local educational agency for--
(1) in the case of a National Science Foundation
Teaching Fellow, 4 years, to be fulfilled within 6
years of completing the master's program described in
subsection (c)(2)(A); and
(2) in the case of a National Science Foundation
Master Teaching Fellow, 5 years, to be fulfilled within
7 years of the start of participation in the program
under subsection (c)(3).
(h) Matching Requirement.--
[(1) In general.--An eligible entity receiving a
grant under this section shall provide, from non-
Federal sources, an amount equal to 50 percent of the
amount of the grant (which may be provided in cash or
in-kind) to carry out the activities supported by the
grant.]
(1) In general.--An eligible entity receiving a grant
under this section shall provide, from non-Federal
sources, to carry out the activities supported by the
grant--
(A) in the case of grants in an amount of
less than $1,500,000, an amount equal to at
least 30 percent of the amount of the grant, at
least one half of which shall be in cash; and
(B) in the case of grants in an amount of
$1,500,000 or more, an amount equal to at least
50 percent of the amount of the grant, at least
one half of which shall be in cash.
(2) Waiver.--The Director may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible entity receiving a
grant under this section, if the Director determines
that applying the matching requirement would result in
serious hardship or inability to carry out the
authorized activities described in this section.
(i) Conditions of Support; Collection for Noncompliance;
Failure to Complete Service Obligation; Data Collection.--
(1) In general.--Except as provided in paragraph (2),
subsections (e), (f), (g), and (h) of section 10 shall
apply to eligible entities and recipients of
fellowships under this section, as applicable, in the
same manner as such subsections apply to eligible
entities and recipients of scholarships and stipends
under section 10, as applicable.
(2) Amount of repayment.--If a circumstance described
in subparagraph (D) or (E) of section 10(g)(1) occurs
after the completion of 1 year of a service obligation
under this section--
(A) for a National Science Foundation
Teaching Fellow, the total amount of fellowship
award received by the individual under this
section while enrolled in the master's degree
program, reduced by one-fourth of the total
amount for each year of service completed, plus
one-half of the total teaching fellowship
salary supplements received by such individual
under this section, shall be repaid or such
amount shall be treated as a loan to be repaid
in accordance with section 10(g)(1)(C); and
(B) for a National Science Foundation Master
Teaching Fellow, the total amount of teaching
fellowship salary supplements received by the
individual under this section, reduced by one-
half, shall be repaid or such amount shall be
treated as a loan to be repaid in accordance
with section 10(g)(1)(C).
SEC. 15. BOARD MEETINGS; AUDITS; REPORTS; SCHOLARSHIP ELIGIBILITY.
[42 U.S.C. 1862n-5]
(a) Board Meetings.--
(1) [Omitted]
(2) Open meetings.--[The Board] To ensure
transparency of the Board's entire decision-making
process, including deliberations on Board business
occurring within its various subdivisions, the Board
and all of its committees, subcommittees, and task
forces (and any other entity consisting of members of
the Board and reporting to the Board) shall be subject
to section 552b of title 5, United States Code. The
preceding requirement will apply to meetings of the
full Board, whenever a quorum is present; and to
meetings of its subdivisions, whenever a quorum of the
subdivision is present.
(3) Compliance audit.--The Inspector General of the
Foundation shall conduct an audit every three years of
the compliance by the Board with the requirements
described in paragraph (2). The audit shall examine the
proposed and actual content of closed meetings and
determine whether the closure of the meetings was
consistent with section 552b of title 5, United States
Code.
(4) Report.--Not later than February 15 of every
third year, the Inspector General of the Foundation
shall transmit to the Committee on Science of the House
of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Health, Education, Labor, and Pensions of the Senate
the audit required under paragraph (3) along with
recommendations for corrective actions that need to be
taken to achieve fuller compliance with the
requirements described in paragraph (2), and
recommendations on how to ensure public access to the
Board's deliberations.
(5) Materials relating to closed portions of
meetings.--To facilitate the audit required under
paragraph (3) of this subsection, the Office of the
National Science Board shall maintain the General
Counsel's certificate, the presiding officer's
statement, and a transcript or recording of any closed
meeting, for at least 3 years after such meeting.
NATIONAL SCIENCE FOUNDATION ACT OF 1950
[42 U.S.C. 1869]
SEC. 10. SCHOLARSHIPS AND GRADUATE FELLOWSHIPS.
(a) In General._The Foundation is authorized to award
scholarships and graduate fellowships for study and research in
the sciences or in engineering at appropriate nonprofit
American or nonprofit foreign institutions selected by the
recipient of such aid, for stated periods of time. Persons
shall be selected for such scholarships and fellowships from
among citizens, nationals or lawfully admitted permanent
resident aliens of the United States, and such selections shall
be made solely on the basis of ability; but in any case in
which two or more applicants for scholarships or fellowships,
as the case may be, are deemed by the Foundation to be
possessed of substantially equal ability, and there are not
sufficient scholarships or fellowships, as the case may be,
available to grant one to each of such applicants, the
available scholarship or scholarships or fellowship or
fellowships shall be awarded to the applicants in such manner
as will tend to result in a wide distribution of scholarships
and fellowships throughout the United States. Nothing contained
in this Act shall prohibit the Foundation from refusing or
revoking a scholarship or fellowship award, in whole or in
part, in the case of any applicant or recipient, if the Board
is of the opinion that such award is not in the best interests
of the United States.
(b) Amount.--The Director shall establish for each year the
amount to be awarded for scholarships and fellowships under
this section for that year. Each such scholarship and
fellowship shall include a cost of education allowance of
$12,000, subject to any restrictions on the use of cost of
education allowance as determined by the Director.
NATIONAL AERONAUTICS AND SPACE ACT OF 1958
[42 U.S.C. 2459f-1
SEC. 314. PRIZE AUTHORITY.
(a) In General.--The Administration may carry out a program
to competitively award cash prizes to stimulate innovation in
basic and applied research, technology development, and
prototype demonstration that have the potential for application
to the performance of the space and aeronautical activities of
the Administration. [The Administration may carry out a program
to award prizes only in conformity with this section.]
(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the
Federal Government, and may empanel advisory committees. The
Administrator shall give consideration to prize goals such as
the demonstration of the ability to provide energy to the lunar
surface from space-based solar power systems, demonstration of
innovative near-Earth object survey and deflection strategies,
and innovative approaches to improving the safety and
efficiency of aviation systems.
(c) Advertising.--The Administrator shall widely advertise
prize competitions to encourage participation.
(d) Requirements and Registration.--For each prize
competition, the Administrator shall publish a notice in the
Federal Register announcing the subject of the competition, the
rules for being eligible to participate in the competition, the
amount of the prize, and the basis on which a winner will be
selected.
(e) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
(2) shall have complied with all the requirements
under this section;
(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of
business in the United States, and in the case of an
individual, whether participating singly or in a group,
shall be a citizen or permanent resident of the United
States; and
(4) shall not be a Federal entity or Federal employee
acting within the scope of their employment.
(f) Liability.--
(1) Registered participants must agree to assume any
and all risks and waive claims against the Federal
Government and its related entities, except in the case
of willful misconduct, for any injury, death, damage,
or loss of property, revenue, or profits, whether
direct, indirect, or consequential, arising from their
participation in a competition, whether such injury,
death, damage, or loss arises through negligence or
otherwise. For the purposes of this paragraph, the term
``related entity'' means a contractor or subcontractor
at any tier, and a supplier, user, customer,
cooperating party, grantee, investigator, or detailee.
(2) Participants must obtain liability insurance or
demonstrate financial responsibility, in amounts
determined by the Administrator, for claims by--
(A) a third party for death, bodily injury,
or property damage, or loss resulting from an
activity carried out in connection with
participation in a competition, with the
Federal Government named as an additional
insured under the registered participant's
insurance policy and registered participants
agreeing to indemnify the Federal Government
against third party claims for damages arising
from or related to competition activities; and
(B) the Federal Government for damage or loss
to Government property resulting from such an
activity.
(g) Judges.--For each competition, the Administration, either
directly or through an agreement under subsection (h), shall
assemble a panel of qualified judges to select the winner or
winners of the prize competition on the basis described
pursuant to subsection (d). Judges for each competition shall
include individuals from outside the Administration, including
from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity
that is a registered participant in a competition; or
(2) have a familial or financial relationship with an
individual who is a registered participant.
(h) Administering the Competition.--The Administrator may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions of
this section.
(i) Funding.--
(1) Prizes under this section may consist of Federal
appropriated funds and funds provided by the private
sector for such cash prizes. The Administrator may
accept funds from other Federal agencies for such cash
prizes. The Administrator may not give any special
consideration to any private sector entity in return
for a donation.
(2) Notwithstanding any other provision of law, funds
appropriated for prize awards under this section shall
remain available until expended, and may be
transferred, reprogrammed, or expended for other
purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were
originally appropriated. No provision in this section
permits obligation or payment of funds in violation of
the Anti-Deficiency Act (31 U.S.C. 1341).
(3) No prize may be announced under subsection (d)
until all the funds needed to pay out the announced
amount of the prize have been appropriated or committed
in writing by a private source. The Administrator may
increase the amount of a prize after an initial
announcement is made under subsection (d) if----
(A) notice of the increase is provided in the
same manner as the initial notice of the prize;
and
(B) the funds needed to pay out the announced
amount of the increase have been appropriated
or committed in writing by a private source.
(4) No prize competition under this section may offer
a prize in an amount greater than $ 50,000,000 unless
30 days have elapsed after written notice has been
transmitted to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(5) No prize competition under this section may
result in the award of more than $ 1,000,000 in cash
prizes without the approval of the Administrator.
(j) Use of NASA Name and Insignia.--A registered participant
in a competition under this section may use the
Administration's name, initials, or insignia only after prior
review and written approval by the Administration.
(k) Compliance with Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law, including
licensing, export control, and non-proliferation laws, and
related regulations.
COMMUNICATIONS ACT OF 1934
[47 U.S.C. 151 et seq.]
SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.
In order to carry out the purposes of this Act, the
Commission may--
(1) undertake research and development work in
connection with any matter in relation to which the
Commission has jurisdiction; and
(2) promote the carrying out of such research and
development by others, or otherwise to arrange for such
research and development to be carried out by others.